New York City Criminal Sentencing and Appeals Lawyer
A verdict is not always the end. For many defendants, the real fight begins after a conviction, when the sentence is being calculated or when a trial court’s errors need to be challenged on appeal. New York City criminal sentencing and appeals lawyer Jason Goldman has built a significant part of his practice around exactly these phases, understanding that what happens after a verdict can determine whether someone spends years or decades inside, or whether they return to their family. These are precise, technical disciplines, and getting them wrong has permanent consequences.
Sentencing in New York is not automatic. Whether someone is being sentenced in state court under the Penal Law or in federal court under the United States Sentencing Guidelines, there is room to fight, to argue, and to build a record that can reduce what the government is asking for. That room only opens if you know how to use it. The same is true for appeals, where a single preserved legal error, a Brady violation, or an unconstitutional jury instruction can unravel what a prosecutor spent months building. This work is painstaking and procedurally demanding, but it is where cases can genuinely be won or reshaped.
Mr. Goldman’s practice spans every phase of criminal litigation, including pre-arrest investigations, trials, and a robust sentencing and appellate discipline. For clients who have already been convicted, or who are facing sentencing after a plea, engaging this level of representation is not an afterthought. It is often the most consequential decision they will make.
The Mechanics of Sentencing: What Actually Happens in New York Courts
People often assume sentencing is a formality once a plea or verdict comes in. It rarely is. In New York State court, the judge has discretion within ranges set by statute, and those ranges can be wide. The difference between the minimum and maximum on a class B felony, for example, can span many years. Where a defendant lands within that range depends on what is presented at sentencing, including the pre-sentence report prepared by probation, letters of support, expert assessments of mitigating factors, and the direct advocacy of defense counsel on the record.
Federal sentencing is even more structured, and more contested. The United States Sentencing Guidelines assign a base offense level to every crime, then adjust it upward or downward based on specific conduct: the quantity of drugs, the role in the offense, the use of a weapon, obstruction of justice, acceptance of responsibility. These adjustments compound on each other, and a single disputed finding can swing the guideline range by years. Mr. Goldman prepares for sentencing hearings in federal court the way other lawyers prepare for trial. Every factual claim in the presentence investigation report gets scrutinized. Every guidelines calculation gets checked. Every available argument for a below-guidelines sentence, whether through a departure or a variance under the relevant federal statute, gets evaluated and, where appropriate, pursued.
What This Firm Brings to Sentencing and Appellate Work
Jason Goldman began his career as a Brooklyn prosecutor, where he tried serious felony cases and developed an insider’s understanding of how the government builds its sentencing arguments. That experience matters now from the defense side, because he knows what prosecutors are looking for, what they will emphasize in sentencing memoranda, and where their positions are vulnerable. Having tried over 25 cases to verdict, he also understands how a jury’s findings translate into sentencing exposure, and he is prepared to contest those translations at every step.
The firm’s track record includes handling cases with significant public profiles, including representing individuals in wrongful conviction claims following dismissal of serious charges. That kind of work requires not only legal skill but also the ability to manage post-conviction proceedings in ways that protect a client’s long-term interests, including in the press and in public perception. For clients whose cases have drawn attention, Mr. Goldman’s capacity to engage the media strategically while also keeping clients out of the spotlight during sensitive proceedings is a meaningful asset. He has been recognized by outlets including the New York Post, Fox 5, and WABC for the caliber of his representation, and he has been named a New York Super Lawyers Rising Star, an honor limited to attorneys who demonstrate clear excellence in their practice.
As a New York City criminal sentencing and appeals attorney, Mr. Goldman is admitted in the Southern and Eastern Districts of New York, as well as in New York State and New Jersey courts, and has appeared pro hac vice in courts throughout the country when clients require representation beyond his home jurisdictions.
Common Grounds for Criminal Appeals in New York
- Ineffective Assistance of Counsel: When a defendant’s trial lawyer failed to investigate, failed to call critical witnesses, or made decisions that no competent attorney would have made, a conviction can be challenged on constitutional grounds under both state and federal standards.
- Prosecutorial Misconduct and Brady Violations: Prosecutors are required to disclose evidence that is favorable to the defense. When they suppress it, whether intentionally or through negligence, and that evidence is material to guilt or punishment, an appeal can succeed on that ground alone.
- Improper Jury Instructions: If the trial court gave the jury incorrect guidance on the law, whether on the elements of the offense, the burden of proof, or how to weigh certain evidence, that error can form the basis of a direct appeal or a collateral attack on the conviction.
- Fourth Amendment Suppression Issues: Evidence obtained through an unlawful search or seizure that should have been suppressed at trial, but was not, remains a viable appellate argument when properly preserved in the record below.
- Illegal or Excessive Sentence: Where a court exceeded its statutory authority, relied on improper factors, or imposed a sentence in violation of constitutional requirements, including double jeopardy or due process, the sentence itself can be the subject of appeal.
- Newly Discovered Evidence: When evidence emerges after trial that could not have been discovered with due diligence beforehand, and that evidence is not merely cumulative but would likely produce a different result, it can support a motion to vacate the conviction under New York’s Criminal Procedure Law.
- Federal Habeas Corpus Petitions: For defendants whose state court appeals have been exhausted, a federal habeas petition under the relevant federal statute allows review of federal constitutional claims, including those that were raised but not properly addressed in state proceedings.
What to Do When a Verdict Comes In or a Sentence is Near
The period immediately following a conviction or guilty plea is critical, and the decisions made in that window have lasting consequences. For someone who has just been convicted at trial in New York state court, the deadline to file a notice of appeal is thirty days from sentencing. That deadline is not soft, and missing it can forfeit appeal rights entirely. The moment a verdict comes in, even before sentencing, is the time to retain counsel focused on the next phase. Do not assume the trial attorney will automatically transition to appellate work. The skills required are different, and the approach to the record must shift immediately.
In federal court, the deadline to file a notice of appeal is fourteen days from the entry of judgment, which is one of the shortest deadlines in the entire appeals process. If sentencing is approaching and there are guidelines disputes anticipated, the presentence investigation report should be reviewed carefully as soon as it is made available to counsel, because objections must be filed before sentencing or they may be waived. Any factual finding in that report that is contested needs to be flagged, documented, and argued before the sentencing judge, both to create a favorable outcome at sentencing and to preserve the record for appeal.
New York State court appeals proceed through the Appellate Division, with the relevant department depending on where the original case was tried. Cases from New York City’s five boroughs are handled primarily through the First Department, which covers Manhattan and the Bronx, and the Second Department, which covers Brooklyn, Queens, Staten Island, and surrounding counties. Federal criminal appeals from New York courts are heard by the Second Circuit Court of Appeals, which sits in the Thurgood Marshall United States Courthouse at Foley Square in lower Manhattan. Understanding how those courts operate, what they look for in briefs, and how they weigh different types of arguments is essential to effective appellate advocacy.
One mistake people make is waiting too long, assuming that an appeal is always available later. Some post-conviction remedies have strict time limits and procedural prerequisites that, if missed, eliminate the option entirely. Another common mistake is assuming that because the direct appeal failed, nothing remains to be done. Collateral attacks, including motions to vacate judgment under New York’s Criminal Procedure Law or habeas petitions in federal court, may still be available depending on the nature of the claim and what was preserved.
Questions About Sentencing and Appeals in New York
Can a sentence be reduced after it has already been imposed?
In some circumstances, yes. In New York state court, there are limited mechanisms for modifying a sentence after it is imposed, including through an appeal or through certain statutory motions. In federal court, sentence reductions can sometimes be obtained through specific provisions of the sentencing statutes, including compassionate release petitions and adjustments based on changes in the guidelines that apply retroactively. Whether any of these options is available depends heavily on the specifics of the case and the nature of the original sentence.
What is the difference between a direct appeal and a habeas petition?
A direct appeal challenges the conviction or sentence through the normal appellate process, typically beginning in the Appellate Division for state cases or the Second Circuit for federal cases. A habeas corpus petition is a separate civil proceeding filed after direct appeals have been exhausted, usually in federal court, challenging the conviction on constitutional grounds. Habeas review is narrow and deferential, but it remains an important avenue when constitutional rights were violated and the state courts failed to correct the problem.
What happens at a federal sentencing hearing?
The judge begins by reviewing the presentence investigation report and addressing any objections filed by the parties. The prosecution and defense each present arguments, including sentencing memoranda, and may introduce exhibits or witnesses. The defendant typically has the right to address the court directly before sentence is imposed. The judge then calculates the guidelines range, considers any departure or variance arguments, weighs the statutory sentencing factors, and imposes the sentence. The entire proceeding is on the record, which is important for any subsequent appeal.
Do I lose my right to appeal if I pleaded guilty?
Not necessarily. Whether appellate rights survive a guilty plea depends on the plea agreement and what was waived, if anything. Some federal plea agreements contain appeal waivers that limit the right to appeal the sentence to narrow circumstances. However, those waivers are not unlimited, and there are categories of claims, including ineffective assistance of counsel, that courts have found cannot be waived through a plea agreement alone. An attorney needs to review the specific plea agreement to assess what options remain.
How long does an appeal typically take in New York?
State criminal appeals in the Appellate Division can take anywhere from one to several years, depending on the complexity of the record, the volume of the court’s docket, and how long the briefing schedule extends. Federal appeals in the Second Circuit typically move on a similar timeline. This extended process underscores why it matters to preserve issues correctly at trial and at sentencing. A well-built record makes the appellate process more efficient and more likely to succeed.
If a co-defendant received a lower sentence than I did, does that matter for my appeal?
Sentence disparities between co-defendants can be relevant, particularly in federal court, where one of the statutory sentencing factors explicitly directs judges to avoid unwarranted disparities among defendants with similar records who have been found guilty of similar conduct. If the disparity is substantial and not explained by legitimate differences in culpability or cooperation, it can be raised as an argument on appeal or, in some cases, as a basis for a sentence reduction motion. Whether it will succeed depends on the factual record and whether the disparity was raised below.
What role does acceptance of responsibility play in sentencing?
In federal sentencing, a defendant who clearly demonstrates acceptance of responsibility for the offense may receive a reduction in the guidelines offense level. This reduction is commonly associated with pleading guilty, but it is not automatic, and it can be contested by the prosecution. The adjustment is factual and discretionary, and prosecutors sometimes seek to deny it, or the court may question whether it was earned. Defense counsel plays an active role in building the record that supports a finding of genuine acceptance, both through the plea itself and through a sentencing memorandum.
Can new evidence that surfaces after trial be used to challenge a conviction?
Yes, under the right circumstances. In New York state court, a defendant can move to vacate a judgment of conviction when newly discovered evidence exists that could not have been produced at trial even with due diligence, and that evidence, if credited, would probably have resulted in a more favorable verdict. The standard is demanding, and courts are skeptical of claims that surface long after trial, but where the evidence is genuinely new and material, this avenue can succeed. It requires careful preparation and an honest assessment of whether the evidence clears the legal threshold.
Can sentencing advocacy affect the type of facility a defendant is assigned to?
In the federal system, yes. While the Bureau of Prisons ultimately makes facility designations, the sentencing record, including what defense counsel argues and what the court recommends, can influence where a defendant is placed. Judges can make recommendations in the judgment regarding facility type, programming, and proximity to family. These recommendations are not binding on the Bureau of Prisons, but they carry practical weight and are taken into account. Building that record at sentencing is part of a complete sentencing representation.
Is it worth pursuing an appeal if the sentence was within the guidelines range?
Guidelines-compliant sentences are harder to overturn on appeal, but they are not immune from challenge. If the guidelines calculation itself was wrong, if the court misapplied the sentencing factors, or if there were constitutional errors in how the sentence was determined, those arguments remain available regardless of whether the sentence fell within what was calculated. Additionally, where the sentence was technically within the guidelines but was imposed on the basis of factual findings that were contested and incorrectly resolved, those factual findings may themselves be challenged on appeal. An experienced New York City criminal appeals lawyer can assess whether viable arguments exist before a client commits to pursuing relief.
Representing Sentencing and Appellate Clients Across New York City and Beyond
The Law Offices of Jason Goldman represents clients at the sentencing and appellate stage throughout New York City, including in Manhattan, the Bronx, Brooklyn, Queens, and Staten Island. The firm handles state court matters across all five boroughs and regularly appears in federal court for clients whose cases are in the Southern District and Eastern District of New York. Clients come from neighborhoods across the city, including Harlem, Washington Heights, the Upper West Side, Midtown, Chelsea, the Financial District, Astoria, Flushing, Flatbush, Crown Heights, Bed-Stuy, the South Bronx, Riverdale, and Staten Island’s North Shore communities. The firm also represents clients in matters originating in New York City courts but requiring appellate work at the First Department, Second Department, or the New York Court of Appeals in Albany. In federal matters, Second Circuit appeals are handled regardless of whether the underlying district court proceedings took place in Manhattan, Brooklyn, or elsewhere in the circuit. For cases requiring representation outside New York, Mr. Goldman has appeared pro hac vice in courts across the country, making it possible to continue representing clients whose matters extend to other jurisdictions after initial proceedings in New York.
New York City Criminal Sentencing and Appeals Attorney Jason Goldman
Sentencing and appellate work require a different kind of attention than trial preparation, but they are no less consequential. If you are approaching a sentencing date in state or federal court, or if you or someone you know has been convicted and believes that errors affected the outcome, consulting with a New York City criminal sentencing and appeals attorney as soon as possible is the most important step you can take right now. The record that supports any future challenge is built at the trial and sentencing level, and that window closes quickly.
Jason Goldman represents clients through every phase of criminal proceedings, and his involvement in post-conviction and appellate matters reflects the same preparation and strategic thinking that defines his trial work. Contact The Law Offices of Jason Goldman directly to discuss your situation and understand your options.
