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Feb 23, 2017

How To Appeal From A New York Criminal Court Conviction?

The Right to Appeal from a New York City Criminal Court Conviction

Immediately after the Judge announces sentence regardless of whether it is by conviction or by plea after trial, the defense attorney will generally advise the client on the record that in the event they want to appeal they have 30 days to file the Notice of Appeal and will hand over written notice on their right to appeal.

If you were pro-se you can request that the Clerk of the Court file the Notice of Appeal on your behalf.  In order to do so, you must send written notice to the Criminal Court Appeals Bureau.

If you are without funds to pay for the appeal and/or an appellate lawyer you must write to the Appellate Term requesting that counsel be assigned to you for the purpose of the appeal. This letter should be sent directly to the appropriate Appellate Term.

In this letter it should also be stated that you are requesting to appeal upon the original record.

How To Appeal From A New York Criminal Court Conviction?

The Criminal Court Appeals Bureau is located in 346 Broadway, Room 400S New York, NY 10013. The number to the Criminal Court Appeals Bureau is (646) 386-4949. This is also known as the Summons Court for Manhattan and Brooklyn. If you are convicted in either New York Criminal Court (Manhattan) or the Bronx Criminal Court then your appealing to the Appellate Term – Supreme Court – First Department. If you are were convicted in Kings Criminal (Brooklyn) Court, Queens Criminal Court or Richmond (Staten Island) Criminal Court your appealing to the Appellate Term – Supreme Court – Second and Eleventh Districts of the Second Department.

Under Section 460.10(1)(a) of the Criminal Procedure Law (“CPL”) the Clerk of the Appeals Bureau is the “Clerk” referred to in said section. A convicted defendant is authorized by right to appeal a conviction or a sentence under Section 450.10 of the CPL within 30 days after sentence is imposed. The defendant or defendants counsel must file the Notice of Appeal in duplicate along with proof of service on the Assistant District Attorney or whomever the appropriate prosecutor was. The proper procedure is to first serve the District Attorney’s Office and then the Criminal Court Appeals Bureau. This way the appeals bureau copy has the appropriate stamp on it. If not, the proper method is to attach an Affidavit of Service.

Unlike an appeal to the sentence of the conviction, an appeal from an Order denying a Motion to Vacate a Judgement under 440.10 of the CPL or to set aside a sentence under CPL 440.20 is only authorized by permission. See CPL 450.15. An Application for a Certificate Granting Leave to Appeal, is made to the appropriate Appellate Term. The Application must be made within 30 days after service upon the defendant of a copy of the Order fr which the defendant seeks to appeal, and must be on reasonable notice to the District Attorney’s Office. The Application must be in writing, must set forth questions of law and/or facts to be reviewed and must contain a statement as to whether or an application for this type of relief has been previously been made before. Only one application can be made. Once the defendant obtains the appropriate certificate, the defendant and/or defense counsel must file within 15 days of the issuance of the certificate a written Notice of Appeal. Again, the Notice of Appeal must provide proof of service upon the District Attorney’s Office.

The Record on Appeal must be filed with the Clerks of the Appeals Bureau within 120 days after the imposition of the sentence. It must be printed or typed. The Record on Appeal must include the following:

  • A Certified Copy of the Criminal Court Information, or Appearance Ticket with all of the necessary attachments and endorsements.
  • The original copy of the court transcripts from the arraignment, hearing, trial, or plea and sentence along with any other proceedings which are relevant to the appeal.
  • A stipulation endorsed by the adversary waiving the requirement of the transcripts if the appeal is going to be limited to issues that are not encompassed by the waived minutes.
  • Again, along with all appellate documents there must be proof of service.

Documents Needed to be Filed with the Appellate Term

First Department

In the First Department you must file a Notice of Argument plus four copies of the brief. A copy of the brief must also be served on the District Attorney’s office.

Second Department

In the Second Department you must file a Note of Issue plus three copies of the brief. A copy of the brief must also be served on the District Attorney’s office.

The respective appellate term provides the details of how the papers should be organized here:

First Department:

60 Centre Street, Room 401
New York, NY 10007
(646) 386-3040

http://www.nycourts.gov/courts/ad1/Practice&Procedures/rules.shtml#600.11

Second Department:

141 Livingston Street
Brooklyn, NY 11201
(347) 401-9580

General understanding:

http://www.nycourts.gov/courts/ad2/howacaseisdecided.shtml#appeals

In the event you can not afford to pay the filing fees and other related costs then an application for the Right to Appeal as a Poor Person must be made to the appropriate Appellate Term.

If you want to move for an Order Staying Judgement of Sentence of the Criminal Court the request must be made on reasonable notice to the District Attorney’s office and is made to a Supreme Court Judge in the County in which the Judgement was entered. No more then one application to Stay Judgement of the Sentence of the Criminal Court can be made. CPL 460.50(3).

Todd A. Spodek is a NY Criminal lawyer with Spodek Law Group P.C. Our office is located at 100 Church Street, 8th Floor New York, NY 10007. Our office is open 24/7 and we can be reached at (888) 829-1365

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