Appealing a Criminal Conviction in New York Courts

YOU NEED THE BEST CHANCE TO REVERSE THE CONVICTION

Convictions have serious consequences, including lengthy imprisonment and a criminal record. You need an experienced appellate attorney who can give the defendant the best chance of reversing the conviction. The attorney must be a master of the written word, experienced in the appellate process, and a skilled oral advocate.

Attorney Bruce R. Bryan is experienced in New York Criminal Appeals

Attorney Bryan is committed to excellence in appellate advocacy. He has the high-caliber experience and ability to demonstrate to a New York appellate court the strengths of the defendant's arguments and the weaknesses in the People's case. He exclusively handles appeals and related proceedings. Over his appellate career of more than 20 years, he has handled numerous appeals to New York appellate courts.

He is the author of Guide to Criminal Appeals, Review and Parole in New York, a ground-breaking work explaining the appellate process on criminal appeals to defendants in New York. Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, one of this nation's leading legal institutions. He is also a lecturer to other lawyers at continuing legal education programs on appeals to New York appellate courts. He has also appeared before the Supreme Court of the United States and high-level federal circuit courts of appeal in criminal appeals.

Attorney Bryan is available for representation before all New York appellate courts, including the Court of Appeals, New York's highest court. He also assists New York defendants with parole hearings and appeals.

New York Crimes

As in other states, New York criminalizes a broad range of conduct that can subject a person to significant imprisonment. Examples of New York crimes include murder, manslaughter, vehicular manslaughter, criminally negligent homicide, assault, robbery, drug sale or possession, money laundering, fraud, forgery, larceny, extortion, official misconduct, falsifying business records, computer crimes, endangering the welfare of a child, and sex crimes including rape, sexual abuse, and child pornography.

Issues on Criminal Appeals. A criminal appeal from a felony conviction contends that errors occurred in the trial court that resulted in the defendant's wrongful conviction and imprisonment. It may further argue that errors deprived the defendant of due process and a fair trial or just sentence.

Pre-trial Errors. There are a number of errors that can occur prior to trial. For example, the trial court may have erred in denying a motion to suppress evidence or statements based on an illegal search and seizure that violated a defendant's constitutional rights. The State may have failed to disclose exculpatory evidence in violation of its discovery obligations under Brady. The defendant may have challenged the constitutionality of a criminal statute or its application to his case. A defendant may have been denied a hearing on a claim that the State had breached a plea agreement.

Trial Errors. Countless errors can occur that affect the fairness of the trial. For example, a defendant may claim that the trial court erred in admitting hearsay evidence or excluding favorable circumstantial evidence, the judge improperly limited cross-examination or testimony, the State committed prosecutorial misconduct in remarks during the opening statement or summation, the State's theory of guilt varied from the indictment, a mistrial should have been granted because the jury became tainted by trial publicity, or the court erred in its charge or legal instructions to the jury on the elements of the offense. A defendant may also claim on appeal that he was rendered ineffective assistance by defense counsel or that there was insufficient evidence to support the conviction.

Sentencing Errors. A defendant may seek to challenge the sentence imposed as illegal or harsh and excessive.

The Four Departments of the Appellate Division

Most criminal appeals go to one of the four Departments of the Appellate Division of the Supreme Court of New York. (In the First and Second Departments, criminal appeals may go to Special Terms of the Supreme Court). The four Departments and their counties are as follows:

Appellate Division, First Department - New York, (Manhattan, Bronx)

Appellate Division, Second Department - Richmond (Staten Island); Kings (Brooklyn); Westchester; Orange; Putnam; Duchess; Queens; Nassau; Suffolk

Appellate Division, Third Department - Sullivan; Ulster; Greene; Columbia; Schoharie; Albany; Rensselaer; Schenectady; Montgomery; Fulton; Saratoga; Washington; Warren; Hamilton; Essex; St. Lawrence; Franklin; Clinton; Delaware; Otsego; Madison; Chenango; Broome; Cortland; Tioga; Tompkins; Schuyler; Chemung

Appellate Division, Fourth Department - Onondaga; Oswego, Oneida; Herkimer; Lewis; Jefferson; Steuben; Livingston; Monroe; Ontario; Wayne; Yates; Seneca; Cayuga; Niagara; Orleans; Erie; Genesee; Wyoming; Chautauqua; Cattaraugus; Allegheny

Contact Attorney Bruce R. Bryan

To inquire about Mr. Bryan's availability to handle a criminal appeal or other related matter, contact his office. Call toll free 877-508-0368 to request an appointment or consultation or use his online contact form.