Appealing A Felony Conviction In New York
A felony conviction in New York can take place after a trial or a plea agreement. In each of these cases, the legal issues on appeal can be considerably different. Every criminal appeal will have its own distinct legal issues and its distinct factual circumstances that make it unique. Examining each phase of a case for potential appellate issues is an essential step in each criminal appeal.
A felony conviction in New York usually takes place in one of two types of courts: either the County Court in Counties outside of New York City or the Supreme Court Criminal Term inside of New York City. Whatever court the felony conviction takes place in, it is appealed first to the intermediate appellate courts of New York, which are called the Appellate Divisions.
The Appellate Divisions are geographically divided into four Departments in New York and numbered the First, Second, Third and Fourth Departments.
An experienced criminal appeals attorney will know the nuances and varying rules of each of the Appellate Divisions. In every felony conviction, the stakes are high and the risks are great. Knowing these rules and how to creatively apply them to the benefit of the client is another reason to hire an experienced criminal appeals attorney.