New York Criminal Appeals Lawyer

Behind the Criminal Appeal

The criminal appeal process is designed to give defendants the opportunity to have a higher court review legal errors from their trial, rather than presenting new evidence. In New York, criminal appeals may be heard by courts such as the New York Appellate Term, the New York State Appellate Division, or the New York State Court of Appeals (the state’s highest court). For federal criminal matters arising from New York, appeals are generally heard by the U.S. Court of Appeals for the Second Circuit.

Appellate courts are limited in their approach to cases. Generally, an appellate court relies on the evidence presented at trial. The appellate court looks for errors in the proceedings, such as violations of a defendant’s Constitutional rights. In some cases, however, an appeals court can consider new evidence not available to a trial court. 

The legal system can be very intimidating. Many Long Island or New York City defendants will accept their sentences without question. They may feel intimidated, overwhelmed, or beaten down by the trial process. “What’s the use?” is a common response to a lengthy criminal trial process – especially one that ends in a conviction. 

Those who accept the results of their trial, however, may accept a wrongful conviction – and endure a lifetime of injustice. A skilled Long Island and New York City criminal appellate lawyer can review your case, identify errors, and zealously advocate to correct these injustices. 

Bringing Your Case to a Higher Court

Although there are many good reasons to seek a criminal appeal, some of the more common mistakes include:

• The trial court may have excluded defense evidence that should have been heard by the jury.
• The court may have permitted the jury to hear prosecution evidence that should have been excluded.
• Prosecutors can make unintentional errors or intentionally engage in misconduct.
• Defense attorneys can make mistakes that deprive the defendant of the effective assistance of counsel.

Such actions provide sufficient reason for a higher New York or federal court to overturn your conviction by way of the criminal appeal process.

Not every decision can be appealed. An order or judgment made by a judge can generally be appealed to a higher court. Default judgments, however, are typically addressed by asking the lower court to vacate (cancel) them rather than through a traditional appeal. 

Decisions made by arbitrators or referees also generally cannot be appealed in the traditional sense; instead, a party may file a motion to vacate under very limited grounds (such as fraud or arbitrator misconduct). Exceptions exist, such as in federal labor disputes or where parties have contractually agreed to an appellate arbitration process.

You also cannot appeal a decision made in mediation or an agreement you made in a settlement. However, a court can “vacate,” or cancel, a default judgment, referee’s decision, or settlement in some cases. Speak to an experienced criminal appellate attorney to learn more.

Understanding the Criminal Appeal

A criminal appeal is the process by which a lower court decision is reviewed by a higher court. An appeal is a legal argument; the higher court (such as the New York Appellate Division or Federal Circuit Court of Appeals) determines whether the lower court erred in its application and interpretation of the law. A higher court will also examine whether the judgment of the lower court was proper in light of the evidence presented at trial. 

As a general rule, no new evidence is admitted during a New York state or federal criminal direct appeal, as appellate courts review cases based on the closed trial record. In New York, newly discovered evidence is typically addressed through a post-conviction motion under CPL Article 440, not on direct appeal. In federal courts, very narrow procedural exceptions exist for supplementing the appellate record, including correcting inadvertent record omissions of materials already before the district court under FRAP 10(e)(2)(C), taking judicial notice of indisputable facts under FRE 201, and, in rare cases, invoking a court’s inherent equitable authority. Importantly, FRAP 10(e) does not permit introduction of genuinely new evidence; it only allows correction of materials already in the lower court proceedings but accidentally omitted from the transmitted record.

In this case, hiring an experienced Manhattan and Suffolk County criminal appeals lawyer will be a deciding factor in the success of your case. In New York, a criminal appeal begins with a written Notice of Appeal. This Notice is provided to the appropriate appellate court. Your New York criminal appeals attorney can ensure the Notice of Appeal is prepared and filed correctly. 

The Notice of Appeal only informs the courts that you plan to appeal. The Notice is not your appeal itself. Once notice is filed, you and your lawyer have time to look over the transcript or recordings of your trial and consider any other evidence. This process helps you and your attorney prepare the strongest legal arguments in your favor to present on appeal. 

Filing a Notice of Appeal has two steps:

1. The first step is to provide the initial notice to the correct court. 
2. The second step is to “perfect” the Notice of Appeal. A Notice of Appeal is perfected when you or your attorney completes the steps required to set your appeal for hearing. When the Notice is perfected, the court assigns a court date. 

On the court date, the appellate court considers the case. Often, an appellate case involves oral argument. Each side, or its respective attorneys, explains their case to the judge or panel of judges. Judges frequently ask questions during this process, seeking to understand what happened and what the court is being asked to do. Once oral arguments conclude, the case is submitted to the judges for a decision. 

Appellate court judges have options when deciding a case. The judges can “affirm,” or agree with, the trial court’s decision. The judges can reverse a lower court’s decision entirely. They can also modify the decision, changing all or part of the lower court’s ruling. For instance, an appeals court might modify a decision by deciding that you should have been sentenced to two years’ incarceration instead of twelve, or that the trial court shouldn’t have sentenced you to imprisonment at all. 

When Appellate Court judges reverse all or part of a decision, they often “remand” the case, or send it back to the trial court, to fix any problems identified on appeal. Sometimes, fixing the problem only requires the trial court to enter an acquittal instead of a conviction; in other cases, fixing the problem can be more complex. 

Winning on appeal doesn’t always mean you’re free of the process. Often, a trial court receives an opportunity to address certain issues. Communicate frequently with your appellate attorney to understand how an appeals court’s decisions might affect you. 

After a conviction, your time to file an appeal is limited. It’s important to speak to an experienced criminal appellate lawyer in Manhattan and Suffolk County to preserve your right to appeal. 

Appealing a Decision on Appeal

The trial court’s decision came to the wrong conclusion. You tried an appeal, only to hear the appellate court reach the wrong conclusion as well. Now what? 

Your appellate attorney can help. The Court of Appeals, New York’s highest court, handles appeals of decisions made by the state’s appellate courts (also known as the Appellate Divisions). 

Appeals to the Court of Appeals must follow specific rules laid out in New York law. Not all appeals are granted; the Court of Appeals reviews each case and considers whether or not to grant a hearing. Your attorney can explain this process if reaching out to the Court of Appeals becomes necessary. 

Exercise Your Right to Appeal

If you have been wrongly convicted of a crime, proving your innocence can be difficult. Demonstrating that police conducted incorrect searches, that prosecutors wrongfully withheld evidence, or that your own defense lawyer failed to adequately protect your constitutional rights is a challenging task. These tasks can be challenging even for experienced attorneys. For someone dealing with the consequences of a wrongful conviction, fighting back on appeal can feel impossible. 

For this reason, contacting a talented New York appellate attorney, such as those at the Brill Legal Group, is your smartest defense. An experienced appeals lawyer can:

• Ensure your Notice of Appeal is filed and perfected on time.
• Examine trial recordings, transcripts, and other records with an experienced eye – spotting errors and violations of your rights. 
• Collect the evidence and perform the legal research required to establish that your rights were violated or ignored during your trial process. 
• Argue for an outcome that aligns with your rights. 

At the Brill Legal Group, our appellate attorneys are professionals with a talent and focus for New York criminal appeals. We are often asked to consult on other attorneys’ appellate briefs before they are filed with the court, and even our adversaries have commented favorably on the strength of our arguments. We fight hard during your New York criminal appeal process to get you the most favorable outcome possible. We use experienced private investigators and crime experts to prove your innocence. We handle all aspects of New York criminal appeals and writs, and we encourage you to reach out to us today.