A criminal appeal is not a new trial. It is a legal process in which a higher court reviews what happened in the lower court to determine whether legal errors affected the outcome of the case.

In New York, a person convicted of a crime has the right to appeal. However, appeals focus strictly on legal issues — not on presenting new evidence or retrying the facts of the case. The appellate court reviews the trial record to decide whether mistakes were made that justify reversing or modifying the conviction.

When Can You File an Appeal?

After a conviction and sentencing, a defendant must act quickly.

Key points include:

• A Notice of Appeal must generally be filed within 30 days of sentencing.
• The appeal is based on the official trial record, including transcripts and court filings.
• Only certain legal issues may be raised, particularly those properly preserved during trial.

Missing the deadline can result in losing the right to appeal, which makes timely legal action essential.

Grounds for a Criminal Appeal

An appeal must be based on specific legal errors. Common grounds include:

• Improper admission or exclusion of evidence
• Incorrect jury instructions
• Prosecutorial misconduct
• Insufficient evidence to support a conviction
• Violations of constitutional rights

The appellate court does not decide whether it would have reached a different verdict. Instead, it determines whether legal mistakes occurred and whether those mistakes affected the fairness of the proceedings.

The Appellate Process in New York

Criminal appeals in New York are typically heard by the Appellate Division of the Supreme Court, which is divided into four departments across the state.

The process generally involves:

• Preparation of the Record: Trial transcripts and exhibits are compiled.
• Appellate Briefs: Written arguments are submitted by both sides.
• Oral Argument (in some cases): Attorneys may present arguments before a panel of judges.
• Judicial Review: A panel of appellate judges reviews the case and issues a written decision.

Appeals are highly technical and focus on detailed legal analysis rather than witness testimony.

Possible Outcomes of an Appeal

After reviewing the case, the appellate court may:

• Affirm the conviction (uphold the lower court’s decision)
• Reverse the conviction and dismiss the charges
• Order a new trial
• Modify the sentence

If the appeal is unsuccessful, further review may be sought in the New York Court of Appeals, the state’s highest court, though acceptance is not automatic.

Post-Conviction Motions and Additional Relief

In addition to direct appeals, individuals may pursue other post-conviction remedies, such as:

• Motions to vacate a judgment
• Sentence modification requests
• Federal habeas corpus petitions (in certain circumstances)

These options depend on the specific facts and procedural history of the case.

A Careful and Strategic Approach to Appeals

Criminal appeals require a precise understanding of trial procedure, constitutional law, and appellate rules. Because the process focuses on written arguments and legal analysis, attention to detail is critical.

For individuals and families facing the uncertainty of a conviction, the appeals process offers an opportunity for meaningful review. With careful evaluation of the record and strategic advocacy, it is possible to challenge errors and seek a fair and just outcome under New York law.