Legal Question in Criminal Law in New York

appeals

My brother was convicted and sentenced to 7 years for sexual abuse, menacing and endangering the welfare of a child and harrassment. i am not sure of how many counts and in the degree of them except that the sexual abuse. the sex. abuse(& menacing&harrassment) was to with his common law wife. The sex. abuse was for grabbing her breast(he was charged but not convicted of, rape in the 1st degree). the endangering was because a fight happened in front of their one child. he just appealed the sentencing and it was affirmed. Does that mean his sentnced was reduced or stays as is? Also is there another court that he can appeal this to and can he now appeal his trial for the fact that his lawyer failed to provide him a fair trial?thanks


Asked on 12/27/00, 7:22 pm

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: appeals

When a lower court ruling is "affirmed" it means that the sentence is upheld. Depending upon the Appellate Court which ruled on the initial appeal, leave can be sought to appeal to the Court of Appeals, which can elect not to hear the appeal, which means that the sentence stands. As far as the claim that the trial lawyer did not do an effective defense, that is an issue of "ineffective assistance of counsel" which may or may not have been an issue in the instant appeal.

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Answered on 12/29/00, 1:34 pm


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