Appeals

If you or a loved one have been convicted of a felony or misdemeanor criminal offense in New York, you are facing life-altering repercussions from severe local or state prison sentences to lifelong implications with respect to employment and other fundamental aspects of life.  The Law Office of Samuel S. Coe focuses on criminal and Family Court appeals in New York. The firm has represented individuals appealing convictions for crimes such as Robbery and Assault, appealing Family Court decisions on Family Offenses and Negligence cases, as well as other post-conviction motions such as Motions to Set Aside a Verdict under CPL 330.30, Motions to Vacate a Judgment under CPL 440.10, and Motions to Seal a criminal conviction under CPL 160.59.

  • Structure of the appellate courts in New York
  • Appeals as of right
  • Appealing a sentence
  • Appealing Violations of Probation
  • The appellate brief
  • Oral argument
  • Interlocutory Appeals and suppression rulings
  • Stay of sentence pending appeal
  • CPL 440 motions
  • CPL 330 motions
  • CPL 160.59 sealing motions

Each and every person who stands convicted of a criminal offense has a right to appeal, just as every person who has any adverse final judgment and Order from a Family Court. Appellate law and practice is fundamentally different from trial work. From the careful and detailed legal analysis of court records and transcripts, to the effective and compelling legal writing, Mr. Coe provides thoughtful and creative appellate counsel and advocacy. In addition, Mr. Coe’s extensive trial-level experience gives him a unique insight into the actual, real-world process of taking a case to and through trial, which is essential when assessing any potential appeal from a judgement of conviction or sentence.

A typical appellate brief will include a Statement of Facts and Legal Argument. While the focus of any appellate attorney or appellate court will understandably be the legal argument, a well-crafted statement of facts is essential and often neglected area of appellate writing and practice. Setting the state for the legal arguments, and providing the appellate court with an accurate and persuasive outline of the circumstances of the case can go just as far as carefully researched and articulated legal arguments.

The first step in the assessment of a potential review is obtaining and reviewing the Record on Appeal, including all of the various court documents and filings by the parties and the transcripts of all prior court appearances, hearings and the trial itself. Just the collecting of these materials can be a time-consuming a difficult process. Once the Record is compiled, a careful review of the materials is undertaken, working hand in hand with the client who can often provide invaluable guidance and insight into the prior proceedings and issues that arose throughout the life of the case at the trial stage. Once the review is complete, an assessment of the various grounds for appeal and their viability must be done. If there are one or more viable grounds for an appeal are identified, and the decision is made to pursue the appeal, an appellate brief will be drafted and filed with the appellate court and served on the opposing counsel. The appeal can then proceed to oral argument, and ultimately a decision by the appellate court.

The procedures and rules of the appellate courts, including the First Department and Second Department, are specific and strict. These rules must be closely adhered to in order to avoid the appellate court rejecting a brief or appeal. Hiring an attorney experienced in this area is essential, and the firm works closely with other service providers to ensure that briefs and other necessary materials are promptly provided, and provided in a manner and presentation that is both professional and compelling.

The Appellate Divisions of the New York State Supreme Court is organized into four Appellate Divisions, which divide the state geographically. The First Department encompasses Manhattan and the Bronx, and the Second Department encompasses Queens, Brooklyn, Long Island, Staten Island, and much of the Hudson Valley including Rockland County and Westchester County. The Third and Fourth Departments cover the remainder of upstate  New York.