N.Y. Crim. Proc. Law § 380.55

§ 380.55 Application for waiver of costs, fees, and expenses on appeal.\n 1. Where counsel has been assigned to represent a defendant in a\ncriminal action on the ground that the defendant is financially unable\nto retain counsel, the court may in its discretion at the time of\nsentencing entertain an application to grant the defendant waiver of\ncosts, fees, and expenses on appeal. As part of an application for such\nrelief, assigned counsel must represent that the defendant continues to\nbe eligible for assignment of counsel and that granting the application\nwill expedite the appeal. If the court grants the application, it shall\nfile a written order and shall provide a copy of the order to the\nappropriate appellate court. The denial of an application shall not\npreclude the defendant from making a de novo application for waiver of\ncosts, fees, and expenses to the appropriate appellate court.\n 2. Where counsel has been assigned to represent a defendant in a\ncriminal action on the ground that the defendant is financially unable\nto retain counsel, the appellate court shall presume the defendant\neligible for assignment of counsel on appeal without further proof of\neligibility, and, thereby, issue an order assigning such counsel, if\ncounsel provides a sworn representation that the defendant continues to\nbe eligible for assignment of counsel.\n