Cases in New York
People accused of having committed a crime are prosecuted by the New York prosecutors’ office and brought to trial. Under the Constitution of the United States, an individual accused of a crime has various rights, such as:
- present witnesses;
- cross-examine the State’s witnesses;
- review all the evidence against him that is in possession of the State;
- testify on his behalf at trial;
- remain silent and not testify on his behalf.
In addition, evidence against an accused may be introduced at trial only if all the legal requirements are met. For example, evidence would be admissible at trial only it if was seized pursuant to a valid warrant or if it was obtained through a search that was justified by probable cause or exigent circumstances.
If procedural errors are made at trial, or the judge misinterpreted state or constitutional law, it is possible to appeal a criminal conviction.
In New York, the Appellate Division has jurisdiction to hear appeals from the Supreme Court. The law states that a Criminal Appeal is initiated with the filing of a notice of appeal not later than 30 days from the date the criminal judgment was entered. A criminal appeals lawyer is familiar with this and all the other requirements.
The attorney will then proceed to order transcripts from the Court reporter, and then file a brief with the appellate division. The State will be afforded an opportunity to file a response brief.
Once the brief is filed, the Appellate Division will hear oral argument raised by both the Criminal Appeals Lawyer and the Attorney for the State of New York. The Appellate Division can affirm the judgment of the Supreme Court or vacate the judgment and remand the case to the prosecutors’ office. At that point, the State can decide to abandon the case or to refile new charges and go to trial once again, unless the statute of limitation expired.
If the time to appeal a case is over, you can nonetheless file a Motion to Vacate a Criminal Judgment with the Supreme Court that issued the decision. This procedure is provided by New York C.P.L. § 440.10.