Appellate Law Attorneys in Albany
Who Can File for an Appeal in New York State?
Anyone convicted for a crime in a trial court has the right to appeal the case to a higher tribunal. Typically, the appellate court does not permit new evidence to be presented that was not already heard in the lower court. Instead, the appellate court will review what transpired during the original trial to determine whether the law was correctly applied and proper procedures were followed. Since the court of appeals will typically defer to the trial court as to issues of fact, the grounds for a criminal appeal must be related to an error that resulted from an issue of law.
Common legal grounds for an appeal in New York include:
- Sentencing errors
- Improper admission or exclusion of evidence
- Ineffective assistance of counsel
- Sentencing errors
The Appellate Process in New York
To initiate an appeal, an individual will first need to file a notice of appeal to the trial court. In federal cases, this notice must be filed within 30 days of the issuance of the judgment. While the deadline to file in a state court is usually 30 days, some jurisdictions allow for 60 days.
Appellate cases usually involve filing three legal briefs to the appellate court, including:
- Opening brief – The appellant – the party appealing – provides a neutral explanation of the case’s factual and procedural history, followed by a statement of how the trial court erred and why the ruling should be reversed by the appellate court.
- Responsive brief – The appellee responds with a responsive brief, which also gives a neutral explanation of the factual and procedural history of the trial. This is followed by an argument that there should be no reversal of the ruling since no error occurred during trial court.
- Reply brief – The appellant can argue against the claims made in the responsive brief in a reply brief. This brief cannot introduce any new legal arguments, and it can only address statements that were made in the responsive brief.
Following the filing of all the briefs, the appellate court may choose to make a decision based solely on the information presented in the briefs. In many cases, a panel of judges will hear oral arguments before issuing a written statement of their decision. The process of review could take place over a few months or may take up to a year or more after the appeal. If you are dissatisfied with the outcome of your case, you may file an appeal with the highest court in the jurisdiction, which may be the New York Court of Appeals or the U.S. Supreme Court.
A History of Successful Results
The Kindlon Law Firm, PLLC is New York’s leading firm for dealing with appeals cases. Our Albany appellate law attorneys have over 25 years of combined legal experience and a proven track record of handling cases in both state and federal mid-level appellate courts. We also represent clients at the New York State Court of Appeals, which is the highest court in the state. Regardless of the particular details of the case, our legal professionals are dedicated to crafting compelling appellate briefs that give our clients the best possible chance of winning.
Some of our recent appellate victories include:
- People v. Diack (Court of Appeals, 2015)
- Div. Com. v. Tousignant (3rd Dept, 2014)
- McColley v. Rensselaer Co., (2d Cir, 2014)
- People v. Powell (3rd Dept, 2012)
- US v. Keenan (2d Circuit, 2012)
- Catskill Mod. Homes v. Hanson (3rd Dept, 2011)
- People v. Arnold (3rd Dept, 2011)
- People v. Cecunjanin (Court of Appeals, 2011)
The Kindlon Law Firm, PLLC is ready to take on your case. Our Albany appellate law attorneys have argued cases in both State and Federal appellate courts and know the best possible strategies to get your issues heard and decided.
Over 100 Years of Combined Legal Experience
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