New York Criminal Appeals Lawyers

Criminal Law Appeals and Post Conviction Procedure

Marzano Lawyers PLLC's attorneys handle criminal appeals on wide ranging areas of criminal law including ineffective assistance of counsel, the sufficiency of the evidence, the weight of the evidence, suppression of evidence, sentence reductions, jury selection, RICO, habeus corpus petitions, and writs of certiorari.

Criminal appeals or any post-conviction proceedings are similar to a civil appeals process, but only to a point.  Issues in a civil appeal are sometime ascertained on the record more easily than they are in criminal appeals.  A criminal appeal, however, sometimes allows a New York appeals lawyer to put everything during the trial and pre-trial phase into play during the appeals process.

A criminal appeal requires an appellate attorney to meticulously review all pre-trial and trial transcripts to search for issues that may have been overlooked or deemed insignificant at trial.  Whether the issue deals with suppression of evidence, admissibility of evidence, or evidentiary rulings during trial, our appellate attorneys work hard to look for any mistake during the pre-conviction stage.

Criminal appeals are difficult.  Once convicted, a criminal defendant loses their presumption of innocence.  This is what makes it extremely important for a criminal appeals lawyer to pore over every word, every ruling, and every decision during trial

If you’ve been convicted of a crime, you have the right to seek an appellate review of your conviction.  We’d be happy to review and ascertain your chances of overturning or reducing your conviction.

Post Conviction Trial Court Procedure

In addition to appeals to the appellate court, Marzano Lawyers PLLC also provides counsel for post conviction proceedings in the trial court. In New York State courts, these matters can include among others CPL 330 motions, requests for sentencing reduction, motions to withdraw a plea, CPL 440 motions, writs of habeas corpus and writs of coram nobus.

Article 440 of the Criminal Procedure Law

A CPL 440.10 motion, which may be brought at any time after the entry of the criminal court’s judgment, asks that the trial court vacate its judgment based upon a number of different grounds set forth in the statute.  Some of the CPL 440.10 grounds for vacating a conviction include:

  • The trial court’s lack of jurisdiction over the matter.
  • The conviction was procured by duress, misrepresentation or fraud on the part of the court or a prosecutor.
  • The prosecutor produced material evidence at trial which she knew was false.
  • Material evidence adduced by the prosecutor was procured in violation of the defendant's constitutional rights.
  • The defendant, by reason of mental disease or disability, was incapable of understanding or participating in the trial.
  • Improper or prejudicial conduct did not appear in the record at trial.
  • New evidence has been discovered since the conviction that that would create a probability of a more favorable verdict if it was available at the time of trial. This also includes DNA evidence acquired after the conviction.
  • The defendant was convicted in violation of his or her constitutional rights.

A CPL 440.20 motion, like a CPL 440.10 motion may also be brought at any time after the entry of the criminal court’s judgment, asks that the trial court to set aside the sentence upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law.

It should be noted that a CPL 440 motion can also be strategically used to expand the record for the benefit of an appeal where certain evidence and/or facts are not contained in the existing trial record.

Article 330 of the Criminal Procedure Law

A CPL 330.30 motion asks the trial court to set aside the verdict after trial but before sentencing and is based upon grounds set forth in the statute. Thus, timing of this motion is quite different from a CPL 440 motion, which can be made at any time.  The CPL 330 motion is generally based upon 1) any ground appearing in the record which, if raised upon an appeal from a prospective judgment of conviction, would require a reversal or modification of the judgment as a matter of law by an appellate court; (2) that during the trial there occurred, out of the presence of the court, improper conduct by a juror, or improper conduct by another person in relation to a juror, which may have affected a substantial right of the defendant and which was not known to the defendant prior to the rendition of the verdict; or (3) that new evidence has been discovered since the trial which could not have been produced by the defendant at the trial even with due diligence on his or her part and which is of such character as to create a probability that had such evidence been received at the trial the verdict would have been more favorable to the defendant.

Writ of Habeas Corpus

A writ of habeas corpus is a court order directing a prison official to produce of an inmate in his or her custody to determine whether not the person is being unlawfully detained  and if they should be released from custody.  In New York State, if a defendant is unsuccessful  in his appellate remedies, he or she may be able to petition the Federal Court for a Habeas Corpus Writ if  one of their  U.S. Constitutional rights were violated at the trial.

Marzano Lawyers PLLC appellate practice group has the experience and knowledge to navigate the post conviction trial and appellate procedure which is highly specialized and may or may not apply in your matter.

Contact our firm if you or a loved one are in need of the services of an criminal appellate law firm that understands the complexity of dealing with and criminal appeals or any post-conviction proceeding.

Marzano Lawyers PLLC Appellate Attorneys assist clients in New York and Connecticut. We serve all of New York City and the surrounding area, including but not limited to Manhattan, Brooklyn, Queens County, Kings County, Bronx, Yonkers, Staten Island, Westchester County, New York County, Hudson County, Suffolk County, & Nassau County.

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