Asking a higher court to review what happened
Appealing a criminal conviction or sentence
An appeal asks a higher court to review what happened in the trial court — rulings on suppression and evidence, jury instructions, the validity of a plea, and the legality and fairness of the sentence. Appeals are decided on the written record and the briefs, so choosing the right issues and presenting them persuasively can decide the outcome.
Deadlines are short
- New York: a notice of appeal generally must be filed within 30 days after sentencing (CPL 460.10). If the deadline was missed because of a lawyer's failure, a late appeal may be possible through a motion under CPL 460.30, which has its own time limit.
- Federal court: in a criminal case, a notice of appeal generally must be filed within 14 days after judgment (Federal Rule of Appellate Procedure 4(b)).
- New Jersey: criminal appeals to the Appellate Division generally must be filed within 45 days after judgment (Rule 2:4-1).
If you or a family member was recently sentenced, contact us right away.
Courts where appeals are heard
- New York Supreme Court, Appellate Division — including the Second Department (Brooklyn, Queens, Staten Island and the downstate suburbs) and the First Department (Manhattan and the Bronx)
- Appellate Term, for appeals from the Criminal Court of the City of New York
- New York Court of Appeals, by permission
- New Jersey Superior Court, Appellate Division
- U.S. Courts of Appeals for the Second Circuit (New York) and Third Circuit (New Jersey)
Common appellate issues
- Denial of a motion to suppress physical evidence, statements or identification
- Legally insufficient evidence, or a verdict against the weight of the evidence
- Errors in jury selection or jury instructions
- Improper admission or exclusion of evidence
- Prosecutorial misconduct
- An invalid appeal waiver or an involuntary guilty plea
- Illegal or excessive sentences — the Appellate Division has the power to reduce a sentence in the interest of justice
Beyond the direct appeal
Coram nobis — ineffective appellate counsel
In New York, if your appellate lawyer failed to raise a significant issue, a writ of error coram nobis filed in the Appellate Division can seek to reopen the appeal.
Motions to vacate and to set aside sentences
Problems that do not appear in the trial record — such as a lawyer's misadvice about immigration consequences — are raised in a CPL 440.10 motion to vacate, or for sentences, a CPL 440.20 motion. Federal convictions may be challenged under 28 U.S.C. § 2255.
Federal habeas corpus
After state remedies are exhausted, a person in state custody may petition a federal court for a writ of habeas corpus under 28 U.S.C. § 2254, subject to strict filing deadlines and procedural rules.
Sealing and certificates of relief
For people who have completed their sentences, sealing and certificates of relief can remove barriers to jobs, housing and licenses. See record sealing and the Clean Slate Act.
Appeals and immigration
For noncitizens, the outcome of a criminal appeal can open or close forms of immigration relief, and a pending appeal can affect how the conviction is treated in immigration proceedings. We coordinate criminal appeals with deportation defense and crimmigration strategy.
Frequently asked questions
How long do I have to file a criminal appeal in New York?
Generally 30 days after sentencing to file a notice of appeal. If the deadline was missed because of an attorney's failure, a CPL 460.30 motion may allow a late appeal, but that motion must be brought within one year after the original deadline.
Can an appeal lead to a new trial?
Yes. Depending on the error, an appellate court may reverse a conviction and order a new trial, dismiss charges, suppress evidence, allow a plea to be withdrawn or modify a sentence. Many convictions are also affirmed, so we give a candid assessment of the issues first.
Did I waive my right to appeal when I pleaded guilty?
Many plea agreements include an appeal waiver, but not every waiver is valid, and some issues — such as the legality of the sentence or the voluntariness of the plea — can survive a waiver. Reviewing the plea minutes is the first step.
What is a writ of error coram nobis?
In New York state practice, coram nobis is the procedure for claiming that your appellate lawyer was ineffective, filed in the appellate court that decided the appeal. In federal court, coram nobis can be used to challenge a conviction when the person is no longer in custody.
Do I need the transcripts?
Yes. Appeals are decided on the record, so transcripts of the plea, hearings, trial and sentencing are essential. We help you obtain them.