Appeals

If you are convicted of a crime in New York, you have the absolute right to an appeal.  Even if you pleaded guilty and waived the right to appeal as a condition of the plea, the voluntariness and propriety of that waiver can be appealed, and certain other legal rights can never be waived.

If you wish to appeal, you or your attorney must file a Notice of Appeal with the Clerk of the Court in which you were sentenced within 30 days from the date of your sentence, along with an affidavit of service upon the District Attorney.

After proper filing and service, the appeal must be perfected (i.e. completed and filed) within 60 days of the service of the Notice of Appeal.

An appeal is generally your last chance of overturning your conviction and/or altering the sentence imposed by the Court.  As such, it is very important that you have a skilled attorney conduct your appeal.

I have handled numerous appeals to County Courts, the Appellate Division, and the Court of Appeals (the highest court in New York State) and argued cases before the Fourth Department of the Appellate Division.

The chances of winning an appeal are based on any legal issues and errors at trial that could potentially result in a reversal of the lower court’s decision, or the granting of a new trial.  A skilled appellate lawyer will spot each and every one of these potential issues and raise them in the Appellate Brief and Oral Argument before the court.

If you have been convicted of a crime and wish to appeal, you or anyone on your behalf should contact me immediately at (716) 852-3600 or email fiskelaw@gmail.com

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