A Conviction Is Not Always the End
A guilty verdict or a plea you were pressured into doesn't have to define the rest of your life — the post-conviction process exists precisely because courts make mistakes, and I know how to find them.
If you or someone you love has been convicted of a crime in New York, the window to act is narrow. The sooner you have an experienced criminal appeals lawyer reviewing the record, the more options remain open.
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What Post-Conviction Relief Actually Looks Like in New York
Most people think a conviction closes the case. It doesn't. New York law provides multiple avenues to challenge a conviction, reduce a sentence, or correct a constitutional error — and each requires a different legal strategy.
After 30 years handling criminal defense exclusively, I've worked post-conviction matters from every angle: direct appeals through the Appellate Division, CPL 440 motions in the trial court, federal habeas corpus petitions, and sentence reduction applications. I know where courts cut corners, where defense attorneys miss issues, and where the record contains reversible error that no one caught the first time.
The Post-Conviction Tools I Use on Your Behalf
Direct Criminal Appeals
A direct appeal challenges the conviction or sentence based on legal errors that appear in the trial record — improper jury instructions, suppression issues that weren't correctly resolved, prosecutorial misconduct, or insufficient evidence. I draft and argue appellate briefs before the Appellate Division, First and Second Departments, and before the New York Court of Appeals when the case warrants it.
CPL 440 Motions
A 440 motion — filed under Criminal Procedure Law § 440.10 or § 440.20 — is one of the most powerful post-conviction tools available. It allows a defendant to challenge a conviction based on facts outside the trial record: newly discovered evidence, ineffective assistance of counsel, Brady violations the prosecution concealed, or newly available DNA results. Unlike a direct appeal, a 440 motion is filed in the original trial court and can be pursued even after direct appeal rights are exhausted.
Federal Habeas Corpus Petitions
When state court remedies have been exhausted and a federal constitutional violation remains unaddressed, a petition for a writ of habeas corpus under 28 U.S.C. § 2254 brings the case into federal court. I handle habeas matters in both the Eastern District of New York and the Southern District of New York, where my experience in federal defense gives me a meaningful advantage navigating those courts.
Sentence Reduction Applications
Not every post-conviction matter is about the conviction itself. If the sentence was excessive, if circumstances have changed, or if a legal development now applies retroactively, I pursue sentence reduction through the appropriate channel — whether that's a motion to the sentencing court, a resentencing application, or an appeal of the sentence alone.
If you have received a target letter, treat it as the equivalent of an arrest that has not happened yet.
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How to Appeal a Conviction in New York
The process depends on the procedural posture of the case, but the core steps apply across most matters.
Step 1:
Case Evaluation and Record Review
I obtain the full trial record — transcripts, motions, exhibits, and the sentencing minutes — and review it for preserved and unpreserved errors. This step determines which avenues are viable and which deadlines are controlling.
Step 2:
Identifying the Grounds for Relief
Not every error is reversible, and not every claim survives procedural bars. I identify the strongest grounds available: constitutional violations, ineffective assistance claims, newly discovered evidence, or legal errors that affected the outcome. Strategy matters here. Filing weak claims alongside strong ones can dilute a brief and signal to the court that the case is unfocused.
Step 3:
Drafting the Appellate Brief or Motion
An appellate brief is a legal argument built on the record. It requires precise citation, command of the controlling case law, and the ability to frame the issue in a
way that gives the court a clear path to granting relief. I write every brief myself — no associates, no ghostwriters.
Step 4:
Oral Argument and Court Appearances
When oral argument is granted, I appear and argue personally. My 30 years of courtroom experience — and my direct familiarity with the judges and clerks in New York's appellate courts — inform how I frame the argument and respond to the bench.
Step 5:
Next Steps After a Decision
If relief is granted, I handle the follow-through: retrial preparation, resentencing, or negotiating a favorable resolution now that the posture of the case has changed. If the court denies relief, I advise on whether further review is available and what it realistically requires.
Why the Attorney You Choose for an Appeal Is Different from the Attorney You Need at Trial
Trial lawyers and appellate lawyers require different skills. Trial is about persuading a jury in real time. An appeal is about persuading a panel of judges that a legal error occurred — and that it mattered enough to change the outcome.
I do both. That combination is rare and it matters, because I can read a trial record and spot exactly what a trial lawyer should have done differently. I've been on both sides of that record, and I understand how appellate courts evaluate the decisions made at the trial level.
My work in New York's criminal courts over three decades — combined with my academic writing published in the New York Law Journal and my teaching at NYU and St. John's University — means I approach appellate work with both practical courtroom knowledge and rigorous legal analysis
Frequently Asked Questions About Criminal Appeals in New York
How long do I have to file a criminal appeal in New York?
For a direct appeal from a felony conviction, the notice of appeal must generally be filed within 30 days of sentencing. Missing that deadline can forfeit your right to a direct appeal, though other post-conviction remedies may still be available. Contact me immediately — the clock starts at sentencing, not when you decide you want to appeal.
What is a 440 motion and how is it different from an appeal?
A 440 motion is filed in the trial court and allows you to raise issues that aren't in the trial record — things like newly discovered evidence, a Brady violation the prosecution concealed, or a claim that your original attorney was constitutionally ineffective. A direct appeal is limited to what's already in the record. Many post-conviction cases require both, pursued in the right sequence.
Can I appeal if I took a plea deal?
Yes, in limited circumstances. You can challenge the voluntariness of the plea, whether it was knowing and intelligent, and whether your counsel's advice was constitutionally deficient. You may also be able to challenge the sentence even if the conviction itself stands. Every plea situation is different — the record determines what's available.
What does it cost to file a criminal appeal in New York?
My fees depend on the complexity of the record, the number of viable issues, and the court or courts involved. I offer payment plans through LawPay so that cost doesn't foreclose your options before we've even had a conversation about what's possible.
Do you handle appeals for cases that went to trial in other New York counties?
Yes. I handle post-conviction matters for clients across New York State, including upstate counties, and federal cases in the Eastern and Southern Districts of New York. If you're unsure whether your case falls within my reach, call and we'll find out together.
What if the appeal is denied — is there anything left to do?
Sometimes. Depending on the grounds raised and the court that denied relief, options may include seeking leave to appeal to the New York Court of Appeals, filing a federal habeas corpus petition, or pursuing a different post-conviction motion in the trial court. I'll tell you honestly what's available and what it realistically requires.
Your Case Deserves a Second Look
If you believe a conviction was wrong — or that the sentence was unjust — I want to hear the details. I review every post-conviction matter personally, and I'll tell you directly what I see in the record and what can be done about it.
Call me, or use the contact form below to describe your situation. I handle appeals and post-conviction matters throughout New York City, Long Island, Westchester, and New York State.