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Questions about criminal appeals in New York?

If you have gotten a criminal conviction in a New York court, you may be eligible for an appeal. Below are some common questions regarding the filing of criminal appeals in the state of New York.

-- Where should the notice of appeal be filed?

Generally, a notice of appeal is filed in the clerk of court's office with jurisdiction over the original conviction.

-- If I want to move for leave to appeal a criminal case, must I both file and serve the notice of appeal?

No, this is not necessary. That applies only to certain civil appeals.

-- How is it determined when an appeal is "taken" in order to satisfy all requirements for the filing of a Rule 500.9 preliminary appeal statement within "10 days from the time the appeal is taken"?

In accordance with CPL 460.10[5][b], "the issuance of the certificate granting leave to appeal shall constitute the taking of the appeal" in criminal cases.

-- Is a docket number assigned to each appeal?

Yes. The Court of Appeals assigns each case a docket number, such as "APL-2014-00001".

-- Is it necessary to file a preliminary appeal statement in my criminal case?

Yes. To comply with Rule 500.9(a), preliminary appeals statements are always filed in each non-capital criminal appeal.

-- In accordance with the Rules of the Court of Appeals, section 500.14(b), which documents must be included in the appendix?

All record material that is deemed necessary for the Court to consider the questions addressed in the appeal must be listed in the appendix. Some of these are specifically listed in the Rules of the Court of Appeals, section 500.14(b).

If you have specific questions not addressed here regarding a planned or pending appeal in the New York court system, you may wish to consult with an attorney.

Source: NewYorkcourts.gov, "Civil and Criminal Appeals Frequently Asked Questions" Nov. 11, 2014

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