Section 717. Public defender; duties  


Latest version.
  • 1.  The  public  defender  shall
      represent, without charge, at the request of the defendant, or by  order
      of  the court with the consent of the defendant, each indigent defendant
      who is charged  with  a  crime  as  defined  in  section  seven  hundred
      twenty-two-a  of  the county law in the county or counties in which such
      public defender serves. When representing  an  indigent  defendant,  the
      public  defender  shall  counsel and represent him at every stage of the
      proceedings following arrest, shall initiate such proceedings as in  his
      judgment are necessary to protect the rights of the accused, and may, in
      his  discretion,  prosecute any appeal, if in his judgment the facts and
      circumstances warrant such appeal.
        2. The public defender shall also  represent,  without  charge,  in  a
      proceeding  in  family  court  or  surrogate's  court  in  the county or
      counties where such public  defender  serves,  any  person  entitled  to
      counsel  pursuant  to  section  two hundred sixty-two and section eleven
      hundred twenty of the family court act and section four hundred seven of
      the surrogate's court procedure act, or any person entitled  to  counsel
      pursuant  to  article  six-C  of  the correction law, who is financially
      unable to obtain counsel. When  representing  such  person,  the  public
      defender  shall  counsel  and  represent  him  at  every  stage  of  the
      proceedings, shall initiate such proceedings as in the judgment  of  the
      public  defender are necessary to protect the rights of such person, and
      may  prosecute  any  appeal  when,  in  his  judgment  the   facts   and
      circumstances warrant such appeal.