New York Criminal Appeals

1. What Is a Direct Criminal Appeal?

A direct appeal is the legal process by which a convicted individual can challenge the outcome of a trial or the legality of a sentence. This process takes place after a conviction, whether the result of a jury verdict or a guilty plea. A direct appeal focuses only on issues that were raised during the trial and are part of the official record, meaning no new evidence can be introduced. If you plead guilty, then your right to an appeal may be more limited. 

Issues “On the Record”

To be eligible for appeal, issues must be preserved in the trial record. For example, if a trial attorney objected to the admission of specific evidence and that objection was overruled, this creates an appellate issue. On the other hand, arguments never raised at trial cannot be brought up on direct appeal. Essentially, appeals focus exclusively on legal missteps, such as:

• Constitutional violations (e.g., illegal search/seizure, withheld evidence).
• Procedural errors (incorrect jury instructions, improper evidence admission).
• Ineffective counsel (failure to object, poor strategy, missed opportunities).
• Prosecutorial misconduct (coercion, false statements, Brady violations).
• Excessive sentences (harsh penalties beyond legal guidelines).

If your appeal is not grounded in these issues, you will risk dismissal. This is why it is important to hire a New York appellate lawyer to help you structure your appeal.

2. The Appellate Court Structure in New York

Understanding the criminal appeals process requires knowing how New York structures its trial and appellate courts. New York operates under a three-tier court system, the Trial Courts, Intermediate Appellate Courts, and New York Court of Appeals.

• Trial Courts – These are the courts where your case begins. Misdemeanors are usually handled in local criminal or justice courts, while felonies are heard in Supreme or County Courts.
• Intermediate Appellate Courts – Depending on the nature of your case and location, your appeal will go to either an Appellate Division, Appellate Term, or County Court. Felony appeals go to the Appellate Division; misdemeanors are heard by the Appellate Term (in NYC) or County Court (outside NYC).
• New York Court of Appeals – This is the highest court in the state. You must request permission to appeal to this court, and it accepts very few cases, typically those involving significant questions of law or constitutional issues.

If transcripts weren’t prepared by a court reporter, you must request an audio transcription at your own expense, unless granted “poor person” status. 

If these steps are to be followed correctly, then a motion must be filed to request permission for a late appeal. This can only be done within one year and thirty days after sentencing. A New York appellate attorney can help you file your appeal. Make sure you secure one as soon as you are convicted and/or sentenced.

4. Building the Appeal

Step 1: Obtain the Record on Appeal

A court reporter’s transcript becomes the foundation for all appellate arguments. The appellate attorney uses it to show:

• An error occurred
• The error was preserved at trial
• The error was prejudicial to the defendant 

Step 2: Drafting the Appellate Brief

The appellate brief presents:

• Legal issues raised at trial
• Supporting precedents and legal standards
• Explanation of how the errors influenced the verdict or sentence
• Specific relief requested (e.g., reversal, retrial, resentencing)

The prosecution then files a responding brief, and the defense may submit a reply brief.

• Common Grounds for Criminal Appeals

Legal Errors

Errors by judges or attorneys can be the basis for an appeal, such as:

• Improperly admitted or excluded evidence
• Flawed jury instructions
• Sentencing outside legal bounds 

Constitutional Violations

These include violations of:

• Fourth Amendment (illegal search and seizure)
• Sixth Amendment (right to a speedy trial or competent counsel)
• Fourteenth Amendment (due process) 

Ineffective Assistance of Counsel

If the defense attorney’s performance was so poor that it deprived the defendant of a fair trial, this can be grounds for reversal.

Prosecutorial Misconduct

Examples include:

• Use of inadmissible evidence
• Withholding exculpatory evidence
• Improper comments during closing arguments 

Jury Misconduct

This may include:

• Discussion of the case with outsiders
• Use of extraneous evidence
• Bias or bribery among jurors 

7. Weight and Sufficiency of the Evidence

Unlike most states, New York allows appellate courts to review:

• Whether there was legally sufficient evidence to support the conviction
• Whether the conviction was against the “weight of the evidence”

The Appellate Division can act like a second jury, weighing credibility and evidence. However, the Court of Appeals does not have the authority to review factual weight, only legal issues.

8. The New York Court of Appeals: The Last Resort

If a conviction is affirmed at the intermediate appellate level, a defendant may request permission to appeal to the New York Court of Appeals. This court grants review only in rare cases involving:

• Constitutional questions
• Important state law issues

Even if permission is granted, the Court of Appeals will not reweigh facts or consider the weight of the evidence; it only addresses legal questions.

Conclusion: Your Next Step Could Change Everything

The New York criminal appeals process is intricate and unforgiving of error. You only get one opportunity to file a direct appeal, and it’s essential that it’s done correctly. Whether you’re challenging a conviction from Manhattan Criminal Court or a sentencing decision from a rural County Court, your future depends on the strength of your appellate representation. At The Fast Law Firm, P.C., we’re ready to help you with your appeal. Call us today at 212-729-9494 for a free, confidential consultation.