* § 249-a. Waiver of counsel. A minor who is a subject of a juvenile
delinquency or person in need of supervision proceeding or in any
proceeding where a minor is detained under or governed by the interstate
compact for juveniles established pursuant to section five hundred one-e
of the executive law shall be presumed to lack the requisite knowledge
and maturity to waive the appointment of an attorney. This presumption
may be rebutted only after an attorney has been appointed and the court
determines after a hearing at which the attorney appears and
participates and upon clear and convincing evidence that (a) the minor
understands the nature of the charges, the possible dispositional
alternatives and the possible defenses to the charges, (b) the minor
possesses the maturity, knowledge and intelligence necessary to conduct
his or her own defense, and (c) waiver is in the best interest of the
minor.

* NB Effective until September 1, 2025

* § 249-a. Waiver of counsel. A minor who is a subject of a juvenile
delinquency or person in need of supervision proceeding shall be
presumed to lack the requisite knowledge and maturity to waive the
appointment of an attorney. This presumption may be rebutted only after
an attorney has been appointed and the court determines after a hearing
at which the attorney appears and participates and upon clear and
convincing evidence that (a) the minor understands the nature of the
charges, the possible dispositional alternatives and the possible
defenses to the charges, (b) the minor possesses the maturity, knowledge
and intelligence necessary to conduct his or her own defense, and (c)
waiver is in the best interest of the minor.

* NB Effective September 1, 2025