Appeals

Your Right to Appeal

Appellate Courts can and sometimes do overturn decisions made in lower courts. People who feel that they have been wrongly convicted or sentenced unfairly have a right to appeal their convictions, and should hire an experienced appeals attorney. It is important to understand that appeals are not "do-overs" of the original trial. An appeals lawyer makes a very close and careful examination of every aspect of the original trial record to see whether the proceedings were conducted fairly and correctly, and to determine whether the defendant's rights were violated.

New York Courts of Appeal

In the State of New York, unless your first trial took place in a federal court, your appeal will be handled by one of three special courts, called the New York State Court of Appeals, the Appellate Term, and the Appellate Division. In an appeal, your attorney submits a complete copy of the original trial court transcripts and all of the records and exhibits -- everything that was said and done -- at the first trial. Along with that, he submits a written brief outlining the errors that may have been made during the trial, mistakes or omissions that might have changed the outcome of your case if they had not been made. Many different kinds of errors may occur during a trial; an experienced appeals attorney will know which ones, if any, might persuade a higher court judge to overturn a conviction.

Hire an Experienced Appeals Lawyer

If you are considering an appeal, be sure to get advice from an experienced attorney who has a record of success in handling criminal appeals. Attorney Gary A. Farrell has handled a number of successful appeals. Below are just a few examples of cases where Mr. Farrell has achieved favorable outcomes for his clients on appeal.

People v. Demetrius Molina 79 A.D. 3d 1371 Third Department Homicide (2010). Homicide Conviction reversed. Judge erred in charging the jury, which convicted of Murder in the Second Degree.

People v. Robert W. 5 Misc.3d 133a (App. Term, 2d Dept. 2004). Conviction for patronizing a prostitute was overturned on appeal in the Appellate Term for the 2nd and 11th Judicial Districts and case dismissed for insufficient evidence.

People v. Michael Calabria, 94 N.Y. 2d 519 (2000). Court of Appeals overturned conviction due to prosecutorial misconduct. District Attorney consented to dismissal of all charges.

People v. Richard Louissant, 240 A.D. 2d 433 Appellate Division, Second Department. Homicide indictment dismissal due to prosecutorial misconduct.

If you are contemplating an appeal, you can reach Mr. Farrell at 212-822-1434.