Section 722. Plan for representation

The governing body of each county and
  the governing body of the city in which a  county  is  wholly  contained
  shall  place  in  operation  throughout  the county a plan for providing
  counsel to persons charged with a crime or who are entitled  to  counsel
  pursuant  to  section  two  hundred  sixty-two or section eleven hundred
  twenty of the family court act, article six-C  of  the  correction  law,
  section  four  hundred  seven  of the surrogate's court procedure act or
  article ten of the mental hygiene law, who  are  financially  unable  to
  obtain  counsel.  Each plan shall also provide for investigative, expert
  and other services necessary for an adequate  defense.  The  plan  shall
  conform to one of the following:
    1.  Representation  by  a public defender appointed pursuant to county
  law article eighteen-A.
    2. In criminal proceedings, representation by counsel furnished  by  a
  private  legal  aid  bureau or society designated by the county or city,
  organized and operating to give legal assistance and  representation  to
  persons  charged  with  a  crime  within  the  city  or  county  who are
  financially unable to obtain counsel. In proceedings  under  the  family
  court  act,  representation by a private legal aid bureau or society, or
  by any corporation, voluntary association, or organization permitted  to
  practice  law  under  the  authority of subdivision five of section four
  hundred ninety-five of the judiciary law.
    3. Representation by counsel furnished pursuant to a  plan  of  a  bar
  association  in  each  county  or  the  city in which a county is wholly
  contained whereby the  services  of  private  counsel  are  rotated  and
  coordinated   by   an  administrator,  and  such  administrator  may  be
  compensated for such service. Any plan of a bar association must receive
  the approval of the state administrator before the  plan  is  placed  in
  operation.  In  the  county  of  Hamilton, such representation may be by
  counsel furnished by the Fulton county bar  association  pursuant  to  a
  plan of the Fulton county bar association.
    4.  Representation according to a plan containing a combination of any
  of the foregoing. Any judge, justice or magistrate in assigning  counsel
  pursuant  to  sections 170.10, 180.10, 210.15 and 720.30 of the criminal
  procedure law, or in assigning counsel to a defendant when a hearing has
  been ordered in a proceeding upon a motion,  pursuant  to  article  four
  hundred  forty of the criminal procedure law, to vacate a judgment or to
  set aside a sentence or on a motion for a writ of error coram nobis,  or
  in  assigning  counsel pursuant to the provisions of section two hundred
  sixty-two of the family court act or section four hundred seven  of  the
  surrogate's  court procedure act, or in assigning counsel to a defendant
  when a case  has  been  calendared  for  consideration  of  resentencing
  pursuant  to  subdivision  four  of  section  six  hundred  one-d of the
  correction law or when a court is  otherwise  called  upon  to  consider
  whether a proper term of post-release supervision was imposed as part of
  a  determinate  sentence,  shall  assign counsel furnished in accordance
  with a plan conforming to the requirements of  this  section;  provided,
  however,  that  when  the county or the city in which a county is wholly
  contained has  not  placed  in  operation  a  plan  conforming  to  that
  prescribed  in this subdivision or subdivision three of this section and
  the judge, justice  or  magistrate  is  satisfied  that  a  conflict  of
  interest  prevents  the  assignment  of  counsel pursuant to the plan in
  operation, or when the county or the city in which a  county  is  wholly
  contained  has  not  placed  in  operation  any  plan conforming to that
  prescribed in this section, the judge, justice or magistrate may  assign
  any  attorney  in  such county or city and, in such event, such attorney
  shall receive compensation and reimbursement from such  county  or  city
  which  shall  be  at  the  same  rate  as is prescribed in section seven

  hundred twenty-two-b of this article. When a case  has  been  calendared
  for  consideration  of  resentencing  pursuant  to  subdivision  four of
  section six hundred one-d of the correction  law  or  when  a  court  is
  otherwise  called upon to consider whether a proper term of post-release
  supervision was imposed as part of a determinate sentence, the  attorney
  appointed  should  be  the  attorney  who  appeared for the defendant in
  connection with the  judgment  or  sentence  or,  if  the  defendant  is
  currently  represented  concerning  his or her conviction or sentence or
  with respect to an appeal from his or her conviction or  sentence,  such
  present counsel.
    5. In classification proceedings under article six-C of the correction
  law  or  from  an appeal thereof, representation shall be according to a
  plan described in subdivisions one, two, three or four of this  section.
  If  such  plan  includes representation by a private legal aid bureau or
  society, such private legal  aid  bureau  or  society  shall  have  been
  designated  to  give  legal  assistance  and  representation  to persons
  charged with a crime.
    Upon an appeal in a criminal action, and on any  appeal  described  in
  section  eleven hundred twenty of the family court act, article six-C of
  the correction law or section four  hundred  seven  of  the  surrogate's
  court  procedure  act, wherein the party is financially unable to obtain
  counsel,  the  appellate  court  shall  assign  counsel   furnished   in
  accordance  with  the  plan,  conforming  to  the  requirements  of this
  section, which is in operation in the county or in the city in  which  a
  county   is   wholly  contained  wherein  the  judgment  of  conviction,
  disposition, or order of the trial court was entered; provided, however,
  that when such county or  city  has  not  placed  in  operation  a  plan
  conforming  to  that  prescribed  in  subdivision  three or four of this
  section and such  appellate  court  is  satisfied  that  a  conflict  of
  interest  prevents  the  assignment  of  counsel pursuant to the plan in
  operation, or when such county or city has not placed in  operation  any
  plan conforming to that prescribed in this section, such appellate court
  may  assign any attorney in such county or city and, in such event, such
  attorney shall receive compensation and reimbursement from  such  county
  or  city  which  shall  be  at the same rate as is prescribed in section
  seven hundred twenty-two-b of this chapter.