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Appellate Law Attorneys in Albany

Who Can File for an Appeal in New York State?signing a contract - appellate law attorney in Albany

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

If you have recently received a judgment against you, we can help you understand your rights and options for filing an appeal. Call (518) 444-4428 or contact us online for a free consultation.

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.

Looking to appeal your conviction? Contact our Albany appellate lawyers online today or at (518) 444-4428 to get started with the appeals process.

Why Choose Our Firm?

  • Over 100 Years of Combined Legal Experience
  • Complex & Aggressive Criminal Litigation
  • Our Approach Is Client-Focused
  • We Are Unwavering Fighters
  • Respected In The Legal Community
  • Free Initial Consultation


    “One of the best Law firms in the business. Not only does Lee and his associates have a pretty good, reputation with successful cases out of this world, but they are genuinely good people and willing to go to war for you.”

    - A.M.

    “I would highly recommend The Kindlon Law Firm to anyone. They are very good with response time and truly do care about all of their clients.”

    - J.S.

    “With a second degree charge and facing a lot of jail time, Lee got time served with probation for my family member.”

    - T.A.

    “They have helped me throughout the years with many cases and I feel like family here.”

    - M.M.

    “I was facing a Felony charge that I have had no business getting after being wrongly accused. Lee fixed that period. My family, coaching license, teaching license was all in jeopardy. One of the best Law firms in the business.”

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