In all cases where the defendant has a right to appeal to a jury session in the District Court Department he shall be notified by the session clerk or the judge and shall be granted a reasonable time to make a decision after conferring with his counsel, or, if unrepresented, to make reasonable inquiry of the judge as to the procedures afforded him for this purpose. This notice shall include a statement to the defendant that if he does not appeal he is waiving his right to jury trial. The court shall explain to the defendant the importance and procedure of trial by jury if it deems such explanation necessary for the defendant's knowledgeable decision on the question of appeal.

Notice of the right to appeal a finding of guilty and the defendant's decision on exercising that right shall be completed before the pronouncement of sentence. Regardless of whether the defendant claims appeal of the finding, the court shall proceed to pronounce sentence.

If the defendant has claimed appeal of the finding, notice of the right to appeal the sentence need not be given.

If the defendant has not claimed or is not entitled to claim appeal of the finding, notice must be given of the right to appeal the sentence. If the defendant then claims appeal of the sentence he shall be entitled only to resentencing by the judge sitting in the jury session.

The session clerk shall indicate on the me papers whether the defendant has claimed appeal of the finding or of the sentence or of both.

Effective February 1, 1981.

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