Legal Question in Appeals and Writs in New York

I am looking to file an appeal for a criminal conviction I received September of 2009. I had plead guilty on July 1 2009, and sentencing was scheduled for September 3 2009 while a PSI took place. I served 120 days in county jail, and also received a maximum of 5 years probation. While incarcerated, I filed for an appeal. While I had heard back only once from the Appellate Court, nothing since has come about. I am looking to appeal my probation term, or at least attempt to get a conditional discharge. Full restitution has been made, and I merely have probation to serve out, and this is something I would like to appeal. Any advice on costs to hire an attorney, or are there ways I can do this myself as I was under the impression I would be appointed an appellate attorney by the state of New York? I had also filed for an extension for an appeal, as well as with the local District Attorney's office with a notice of an appeal.


Asked on 7/20/10, 10:10 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

It's not clear what happened with your appeal. What did the appellate court say when you heard from it? Did it tell you there was a defect with your notice of appeal? Did it say when your opening brief had to be filed? Did it say anything about appointing a lawyer to represent you? Without more information about the status of the appeal it is hard to know what to tell you.

Presumably your appeal either never got off the ground, perhaps because your notice was late or defective, or was dismissed because you failed to file a brief on time or missed some other deadline. If either of these things happened then you probably cannot file a new appeal.

You may still have the option of petitioning for a writ of habeas corpus. Such a petition could get you much of the same relief you would have been able to get via an appeal.

The fact that you pled guilty, though, is likely to be a real problem. A guilty plea waives many issues that might otherwise be available on appeal. It may even have waived your right to appeal altogether.

Read more
Answered on 7/20/10, 4:18 pm


Related Questions & Answers

More Appeals and Writs questions and answers in New York