About Making Direct Appeals In New York Criminal Cases
A direct state appeal is the most common postconviction path after a criminal conviction in a state court, whether through a guilty plea or a trial. The defendant’s attorney must draft, file with the appropriate clerk and serve on the prosecutor a notice of appeal. All must be done correctly and on time, and processed as it should be, or the defendant will lose the right to appeal.
Thanks to our law firm’s strong track record in direct state appeals in New York, clients of Rosenberg Law Firm in Brooklyn have reassurance from the beginning. They can rightfully assume that our appellate law attorneys will not make careless errors when selecting a court for the appeal or in the writing of the appellate notice or brief.
The Pathway To A Successful Direct Appeal
In the direct appeal, the defendant, through their appellate law attorney, can only argue against issues in the court record. These issues must have been raised during the trial or pretrial negotiations.
A convicted person has the right to make one direct appeal to the appropriate division or court. If this appeal is not successful, the person can then ask the New York Court of Appeals to review the case, although this request is not guaranteed a “yes” response.
The numerous criminal trial and appellate courts in New York sometimes seem like a complex maze of tribunals. Therefore, working with a highly experienced appellate law attorney can give a defendant an advantage from the beginning, as this lawyer will know the optimal way forward to maximize the likelihood of a favorable outcome through a direct appeal.
A direct appeal that goes as far as it can go may progress from the appropriate intermediate appellate court to the New York Court of Appeals and, ultimately, to the Supreme Court of the United States. It is never a given that any of these courts will agree to hear an appeal, and if so, that the appeal will succeed at overturning the original conviction.
Our Appellate Team Is Ready Right Now For Your Direct Criminal Appeal
With 65 combined years of experience, our appellate attorneys are ready to evaluate your case and determine the next best steps for an effective appeal. Based in Brooklyn, we are deeply familiar with the criminal appellate courts throughout New York City as well as the state of New York. We also handle direct criminal appeals in nearby jurisdictions in adjacent states. State and federal criminal appeals in New York are our primary areas of focus at Rosenberg Law Firm. We have a verifiable track record of winning appeals in state and federal courts throughout the region and beyond. With a positive national reputation, our award-winning lawyers are prepared for your appeal before it even begins.