Procedures For A State Court Notice Of Appeal In New York
The first step toward appealing a felony conviction at the state level in New York is to notify the criminal court of the intention to appeal. A defendant should take this step even if they are not sure they will appeal. A notice to appeal can be withdrawn later, but a late filing of a notice will eliminate the right to appeal.
The notice of appeal should be filed with the clerk of the same criminal court that imposed the sentencing. Both defendants and their attorneys have explicit requirements for a correct and timely notice of appeal in a state court.
Even if an attorney at a different law firm has represented you in a state criminal trial, you are wise to get a second opinion to ensure that your notice of appeal is filed correctly and within the 30-day time limit. At Rosenberg Law Firm, we welcome inquiries from criminal lawyers as well as defendants. We also represent clients in criminal cases from beginning to end, including through any necessary appeals.
Some Of The Steps Required For Filing A Notice Of Appeal
The following discussion is abbreviated, does not cover all contingencies and pertains only to state felony cases. Appeals for misdemeanors and violations have their own rules. Defendants in any New York criminal case should work with an experienced defense and appellate law attorney to ensure that their appeals have maximum opportunity for success.
After a conviction, a criminal defendant should inform their defense attorney of their intent to appeal both verbally and in writing, preferably through a certified physical letter sent by mail. Even if the defense lawyer says they will file the notice of intent with the correct court, the defendant should not take it for granted that it will be done. Instead, they should ask another appellate attorney to assist in confirming that the notice of intent to appeal has been filed where it should be filed.
The notice of intent to appeal is not the same as an appellate brief. The notice will normally be just one page in length. As simple as it sounds, some criminal lawyers do not fulfill the requirements correctly or on time, which can prove to be devastating to their defense clients.
Learn What You Need To Know About Your New York Criminal Appeal
.A consultation with one or more members of our appellate team at Rosenberg Law Firm will surely be eye-opening for you. We are confident that you will see avenues of hope ahead after a criminal conviction at the state level. Rosenberg Law Firm is an award-winning appellate law firm in Brooklyn, providing a full array of services required for appeals in state and federal courts throughout New York City and beyond.
Cal 718-962-0411 or send an email inquiry to schedule a consultation with one or more of our respected New York appellate lawyers. We are passionate about protecting your constitutional rights and honoring your rights as a valuable individual created in God’s image. We are here to help you move beyond a conviction to an appeal that may offer the hope you are looking for right now.