State Criminal Appeals

Appealing a criminal case in New York is a complex process that requires a skilled and strategic approach along with extremely persuasive briefing and arguing. To effectively appeal a criminal conviction in New York, a criminal appeals lawyer needs to focus on both legal and procedural aspects to ensure the best chance of success. 

How We Successfully Tackle the State Criminal Appeals Process

1. Understanding the Grounds for Appeal

• Appeals in New York are not opportunities to present new evidence or re-argue the facts of the case. Instead, direct criminal appeals are typically based on legal errors that occurred during a trial. These errors must have been significant enough, or material (as opposed to harmless) to impact the outcome of the case.
• Common grounds for appeal in criminal cases include:some text
  • Errors in the jury instructions: If the judge provided the jury with incorrect or unclear instructions on the law. This tends to be a critical area to focus on for effective appeals.
  • Improper admission or exclusion of evidence: If critical evidence was wrongly allowed or excluded (e.g., violation of the rules of evidence). This may take place during a Molineux or Sandoval ruling.
  • Ineffective assistance of counsel: If the defendant’s lawyer failed to provide competent representation, such as not adequately investigating the case or failing to object to critical errors during the trial.
  • Improper prosecutorial conduct: If the prosecutor engaged in misconduct, such as introducing inadmissible evidence, making improper statements during closing arguments, or engaging in other unethical behavior.
  • Jury misconduct: If a juror was biased, improperly influenced, or made improper statements during deliberations. Likewise, the record made during jury selection or voir dire may include appellate issues.
  • Constitutional violations: Any violation of constitutional rights, such as unlawful search and seizure, double jeopardy, or violations of the defendant's right to a fair trial.

2. Filing a Notice of Appeal

• To begin an appeal in New York, the defense attorney must file a Notice of Appeal within a certain period after the conviction. In New York State (for state cases), the Notice of Appeal must generally be filed within 30 days of the verdict or sentencing, whichever is later..
• Filing the Notice of Appeal preserves the right to appeal and signals to the court that the defendant intends to challenge the conviction.

3. Determining the Appropriate Appellate Court

• In New York, the appellate process typically begins in one of the following courts:some text
  • Appellate Division (New York Supreme Court): New York is divided into four judicial departments, each with its own Appellate Division. The appeal is typically heard in the department where the trial occurred.
  • New York Court of Appeals: This is the highest court in the state, and it reviews decisions from the Appellate Division, but it only hears cases that involve significant legal issues or matters of public importance. Hence, for state criminal appeals, a lawyer must first file an appeal to the appellate division. If denied, the lawyer may ask for leave to write to the Court of Appeals.

4. Reviewing the Trial Record and Transcript

• Appellate lawyers do not conduct a re-trial of the case. Instead, they must thoroughly review the trial record, including:some text
  • Court transcripts of the trial and any pre-trial motions or hearings.
  • Evidence introduced at trial (including exhibits, witness testimony, and any objections).
  • The trial judge's rulings, especially regarding motions to suppress evidence, jury instructions, and sentencing.
  • Post-conviction motions, including any motions for a new trial or a motion to vacate the judgment, if applicable.
• The lawyer will look for legal errors, procedural mistakes, or issues that could justify overturning the conviction.

5. Preparing and Submitting an Appellate Brief

• The defense lawyer will write an appellate brief that argues why the conviction should be overturned or the sentence reduced. The brief will typically address:some text
  • The legal issues that were raised during the trial and why they were significant enough to have affected the verdict.
  • Citations of legal precedents that support the defendant's position (including prior decisions from New York courts and higher appellate courts).
  • Arguments about how the errors were prejudicial: The lawyer must demonstrate that the legal errors were not harmless and that they likely impacted the outcome of the case.
  • Request for relief: The brief will specify the relief the defendant is seeking (e.g., a reversal of the conviction, a new trial, a reduction of the sentence, or a different form of relief).
• The prosecution will file a respondent’s brief, which will defend the conviction and argue that the trial was fair and the verdict should stand.
• The defense may also elect to file a brief Reply.

6. Oral Argument (If Applicable)

• After the appellate brief is filed, the court may schedule oral arguments where the attorneys for both sides can present their arguments in person before the appellate judges.
• The defense lawyer will present the case to the appellate judges, emphasizing the key legal errors made during the trial and how those errors affected the fairness of the trial.
• Oral arguments provide an opportunity to persuade the judges directly and respond to any questions they may have about the case.

7. Awaiting a Decision

• After reviewing the briefs and hearing oral arguments (if applicable), the appellate court will issue its decision, sometimes after a matter of several months. The court may:some text
  • Affirm the conviction, meaning the trial court’s decision stands.
  • Reverse the conviction, meaning the defendant is acquitted, or the case is dismissed.
  • Remand the case, meaning it is sent back to the trial court for further proceedings, such as a new trial or resentencing.
  • Modify the sentence, reducing the length of the sentence or altering the conditions of the sentence.

8. Utilizing Effective Legal Strategies

• Identify clear legal errors: It is crucial for appellate attorneys to pinpoint errors that could have reasonably led to an unjust outcome.
• Highlight Constitutional violations: If any constitutional rights were violated during the trial (e.g., Fourth Amendment violations, due process violations, ineffective counsel), these are powerful grounds for appeal.
• Preserve issues for appeal: Throughout the trial, a good defense attorney will make appropriate objections and preserve issues for appeal. Failure to object to legal errors during trial may result in those issues being waived on appeal.
• Craft persuasive and well-reasoned arguments: The appellate brief must be meticulously written to address all relevant legal issues and provide compelling arguments for why the conviction should be overturned or the sentence modified.

Recent Cases from The Law Offices of Jason Goldman

Jason Goldman has successfully argued cases in appellate courts in New York and states around the country. Recently, in the matter of the People of New York v. Kenneth Reed, Mr. Goldman successfully had a conviction overturned in the appellate division third department.

This appeal turned on the lower court allowing testimony from a two-year-old child, which cut directly against New York Criminal Procedure Law. Mr. Goldman efficiently filed a thorough brief on this issue and prevailed following oral argument in the appellate division.

Contact The Law Offices of Jason Goldman

To effectively appeal a criminal case in New York, a lawyer must focus on identifying legal errors made during the trial, preparing a detailed appellate brief, and using the appropriate procedural strategies. A successful appeal requires a clear understanding of the law, persuasive legal writing, and the ability to present a compelling argument before the appellate court.

While the chances of a successful appeal can vary depending on the specifics of the case, a skilled attorney will work to maximize the likelihood of a favorable outcome by addressing errors, challenging improper rulings, and advocating for justice. Contact The Law Offices of Jason Goldman today.