Legal Question in Appeals and Writs in New York
Withdrawing an appeal
I have a friend who is in prison and has filed an appeal of her sentence. She wants to withdraw it and petition for executive clemency. She asked me to find out the procedure for withdrawing the appeal. Thanks for your attention.
Asked on 12/09/02, 12:17 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Withdrawing an appeal
I believe that you can do both at the same time.
I know of know procedure to withdraw an appeal. Rather, if the appellant does not "perfect" the appeal (meaning to file the brief and record), then the appeal is automatically dismissed.
Mike.
Answered on 12/09/02, 8:22 am