Criminal Appeals Issues Unique to New York

New York's criminal appellate system is among the most complex in the nation, featuring a multi-tiered court structure and distinctive procedural requirements that demand specialized knowledge. The Appellate Division of the Supreme Court serves as the primary intermediate appellate court for criminal matters, but unlike most states, New York divides this court into four geographic departments. The First Department covers Manhattan and the Bronx, the Second Department covers Brooklyn, Queens, Staten Island, and suburban counties, the Third Department covers the Capital District and upstate New York, and the Fourth Department covers western New York including Buffalo and Rochester. Each department maintains its own procedures and precedent, requiring attorneys to understand the particular tendencies of the department handling their case.

The New York Court of Appeals sits atop the state court system as the court of last resort. Unlike many state supreme courts, the Court of Appeals does not automatically review criminal convictions. Defendants must obtain leave to appeal, meaning permission from either a judge of the Court of Appeals or the Appellate Division. This leave requirement makes the petition for leave to appeal a critical document, representing the only opportunity to convince the state's highest court to hear the case.

New York's Criminal Procedure Law provides distinctive post-conviction remedies. CPL Section 440.10 allows defendants to move to vacate a judgment based on newly discovered evidence, constitutional violations, and ineffective assistance of counsel. CPL Section 440.20 permits motions to set aside an illegal sentence. These motions are filed in the trial court rather than the appellate court, creating a parallel track for challenging convictions. Understanding when to pursue a 440 motion versus a direct appeal, or how to coordinate both, requires strategic thinking.

The coram nobis remedy remains available in New York for claims of ineffective assistance of appellate counsel, providing relief for defendants whose appeals were mishandled. The 30-day deadline to file a notice of appeal is strictly enforced, though courts may grant leave to file late in the interest of justice. This interest of justice standard appears throughout New York criminal appellate practice, giving courts broader discretion to consider issues that might be procedurally barred elsewhere.

Federal criminal appeals from New York proceed to the Second Circuit Court of Appeals, one of the most influential federal appellate courts in the country. Attorneys handling federal appeals must be conversant with both Second Circuit and Supreme Court precedents on criminal procedure and constitutional rights.

How To Choose a New York Criminal Appeals Lawyer

Selecting an appellate attorney in New York requires attention to experience, geographic familiarity, and fit. The division of the Appellate Division into four departments means that experience in one part of the state does not automatically translate to expertise in another. When evaluating candidates, ask specifically about their experience in the Appellate Division department that will hear your case, as well as any experience before the Court of Appeals.

The distinction between trial counsel and appellate counsel matters particularly in New York, where many accomplished appellate practitioners focus exclusively on appeals. These specialists bring fresh perspective to cases and have honed their skills in appellate advocacy: record review, legal research, brief writing, and oral argument.

When meeting with potential appellate attorneys, assess their familiarity with New York's distinctive procedures. Ask about their experience with CPL Article 440 motions and how they coordinate collateral attacks with direct appeals. Inquire about their track record in obtaining leave to appeal to the Court of Appeals, as this hurdle defeats many otherwise meritorious cases. Consider asking these questions:

Be wary of attorneys who promise specific outcomes or seem unfamiliar with New York's unique appellate procedures. The leave requirement at the Court of Appeals means that even strong cases face significant barriers to review by the state's highest court, and any attorney who minimizes these realities is not serving your interests.

Understanding Prices for New York Criminal Appeals

Criminal appeals in New York involve substantial attorney time across multiple stages: record review, issue identification, legal research, brief writing, and potentially oral argument. The complexity of New York's appellate system and the high standards expected by its courts mean that quality representation requires significant investment of professional time.

Fee structures vary among New York appellate attorneys. Some work on flat-fee arrangements that cover the entire appeal from notice of appeal through decision, providing cost certainty for clients. Others bill hourly, which may be more appropriate for complex cases where the scope of work is difficult to predict. A few attorneys offer hybrid arrangements with a base fee covering routine work and hourly billing for matters exceeding defined parameters. Understanding the fee structure before engaging counsel prevents misunderstandings later.

Several factors influence the cost of a criminal appeal. The length of the trial record directly affects review time, as attorneys must read every transcript page and examine all exhibits. Cases with multi-week trials cost more to appeal than matters resolved quickly. The number and complexity of issues also matters, as each argument requires separate research and briefing.

Geographic considerations affect costs across New York's vast territory. Cases in New York City benefit from the concentration of appellate specialists, while upstate cases may involve additional expenses for travel or local counsel coordination.

Before retaining counsel, request a detailed fee agreement specifying what services are included and what payment schedule applies. Filing fees and transcript costs fall outside attorney fees but are necessary expenses. Being clear about financial arrangements from the outset allows you to focus on the appeal itself.

About SPCRC Recommendations

The Spolin Post-Conviction Resource Center identifies appellate attorneys through independent evaluation rather than paid placement. No attorney can purchase a recommendation from SPCRC, and we receive no referral fees or compensation from attorneys we recommend. This independence ensures that our recommendations reflect genuine assessment of attorney qualifications rather than commercial relationships.

Our evaluation considers multiple factors relevant to New York criminal appellate practice. We examine attorneys' experience handling appeals in New York state courts, including familiarity with the Appellate Division department where they practice and any track record before the Court of Appeals. We assess their knowledge of distinctive procedures including CPL Article 440 motions and coram nobis.

Professional reputation within the New York legal community informs our assessment. We consider disciplinary history with attorney grievance committees and look for demonstrated commitment to criminal defense work and effective client communication.

These recommendations provide a starting point for your evaluation rather than a definitive answer. Every case presents unique circumstances. We encourage consulting with multiple attorneys before making a decision. Our purpose is to help you identify qualified options while recognizing that the ultimate choice remains yours.