How to Appeal a Criminal Conviction in New York

If you’ve been convicted of a crime in New York, you may have the option to appeal the conviction. The appeals process can be complex and time-consuming, but it offers a chance to challenge the verdict and potentially have the conviction overturned. Here’s what you need to know about appealing a criminal conviction in New York:

Grounds for Appeal

To appeal a criminal conviction in New York, you must have legal grounds for doing so. These grounds may include:

• Errors in trial proceedings: If the trial court made errors during the trial that may have affected the verdict, such as admitting evidence that should have been excluded or failing to allow the defense to present certain evidence, these errors may be grounds for appeal.
• Ineffective assistance of counsel: If your defense attorney provided inadequate representation during the trial, this may be grounds for appeal. In order to successfully argue ineffective assistance of counsel, you must demonstrate that your attorney’s performance fell below an objective standard of reasonableness and that this deficient performance prejudiced your defense.
• New evidence: If new evidence comes to light that was not available at the time of the trial and could have had a significant impact on the verdict, this may be grounds for appeal.
• Jury misconduct: If there is evidence that the jury engaged in misconduct, such as discussing the case outside of the deliberation room or conducting independent research, this may be grounds for appeal.
• Sentencing errors: If you believe that the sentence imposed by the court was unjust or unconstitutional, you may be able to appeal the sentence.

Steps in the Appeals Process

• Notice of Appeal: To initiate the appeals process, you must file a notice of appeal with the court within 30 days of the date of the judgment or order that you are appealing. This notice informs the court and the prosecution that you intend to appeal the conviction.
• Appellate Briefs: After the notice of appeal is filed, both sides will submit written briefs to the appellate court. The appellant’s brief will argue why the conviction should be overturned, while the prosecution’s brief will argue why the conviction should stand.
• Oral Argument: After the written briefs are submitted, the appellate court may schedule an oral argument. During the oral argument, each side will have the opportunity to present their case to the judges and answer questions.
• Appellate Decision: After considering the written briefs and oral argument, the appellate court will issue a decision. The court may affirm the conviction, overturn the conviction, or order a new trial.
• Further Appeals: If the appellate court affirms the conviction, you may have the option to appeal to a higher court, such as the New York Court of Appeals.

Appealing a criminal conviction in New York can be a lengthy and complicated process, but it may be worth pursuing if you have grounds for appeal. It’s important to consult with an experienced criminal defense attorney to determine whether an appeal is appropriate in your case and to guide you through the process.

Filing a Notice of Appeal

The first step in appealing a criminal conviction in New York is filing a notice of appeal. The notice of appeal must be filed with the court where the trial took place within 30 days of the date of the judgment or order that you are appealing. The notice of appeal must include:

1. The case name and number
2. The name and address of the appellant (the person filing the appeal)
3. The name and address of the appellant’s attorney, if applicable
4. The name and address of the trial court
5. The date of the judgment or order being appealed
6. A statement that the appellant is appealing the judgment or order

It’s important to file the notice of appeal on time and with the correct court. Failure to file the notice of appeal within the 30-day time limit can result in the appeal being dismissed.

Appellate Briefs

After the notice of appeal is filed, both the appellant and the prosecution will submit written briefs to the appellate court. The appellant’s brief will argue why the conviction should be overturned, while the prosecution’s brief will argue why the conviction should stand.

The briefs must be filed within a certain timeframe and must meet specific requirements. The briefs should include:

1. A statement of the issues being appealed
2. A summary of the facts of the case
3. A summary of the legal arguments being made
4. Citations to relevant cases and statutes
5. A conclusion that summarizes the arguments made in the brief

The briefs are an essential part of the appeals process and require careful attention to detail. It’s important to work closely with an experienced appellate attorney to prepare strong and persuasive briefs.

Oral Argument

After the written briefs are submitted, the appellate court may schedule an oral argument. During the oral argument, each side will have the opportunity to present their case to the judges and answer questions. The oral argument is an opportunity to clarify and expand on the arguments made in the written briefs.

The oral argument is typically brief, lasting between 10 and 30 minutes. It’s important to be well-prepared and to anticipate the questions that the judges may ask. An experienced appellate attorney can help you prepare for the oral argument and ensure that you make the most persuasive argument possible.

Appellate Decision

After considering the written briefs and oral argument, the appellate court will issue a decision. The court may affirm the conviction, overturn the conviction, or order a new trial.

If the appellate court affirms the conviction, you may have the option to appeal to a higher court, such as the New York Court of Appeals. The Court of Appeals is the highest court in New York State and has the final say on legal issues in the state.

As a team of experienced criminal defense attorneys, we can provide comprehensive legal representation for individuals who are seeking to appeal a criminal conviction in New York. We can analyze the case, identify grounds for appeal, and help file the notice of appeal on time and with the correct court. We can prepare well-written and persuasive appellate briefs, argue on behalf of the defendant during oral argument, and seek relief if the appeal is successful. Our goal is to provide our clients with the highest level of legal representation and increase their chances of success on appeal.