An Overview of the Criminal Appeals Process in New York

We see this scenario on TV all the time. Without it, there’d be no ‘drama’ in courtroom dramas. An unlucky defendant has just been convicted of a crime that could have them spending the rest of their lives in prison or, for extra intensity value, on Death Row. The courtroom erupts, but counsel for the defense promptly reassures their client, “We’ll appeal it.” What does ‘appealing it’ actually mean in a criminal case? In New York, a defendant who has been convicted in a criminal case has the automatic right to appeal to a higher court. Appeals in felony cases are heard by the Appellate Division while Appellate Terms and certain county courts are the next step up in misdemeanor cases. If the defendant’s appeal is rejected by any of these courts, they may apply to the New York Court of Appeals, but this court is not obligated to [...]

By |2019-09-03T23:49:53-05:00May 20th, 2017|

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