New York Appeals Process

Your Second Chance Starts with the Right Legal Team

Being convicted isn’t the end of the road. In New York, a criminal appeal gives you the opportunity to challenge legal errors that may have affected your trial. But appeals aren’t do-overs—they require precision, deep legal knowledge, and persuasive argument. At Texido Law, we’ve guided clients through the appellate courts across Western New York, filing successful appeals in both state and federal systems. If you believe your trial was flawed, we’ll help you take the next step with confidence.

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How the NY Criminal Appeal Process Works

Appeals focus on whether legal errors occurred—not whether the jury made the “right” decision. You’re asking a higher court to review what happened below and determine if your rights were violated. Every step must be carefully executed and legally sound.

Appealing Your Conviction the Right Way

Texido Law doesn’t waste your time. We review your case thoroughly to determine if appeal is viable, explain your options clearly, and begin building the strongest possible brief.

Steps in a New York Criminal Appeal

  • Filing a Notice of Appeal (within 30 days of sentencing)

  • Preparing the Record on Appeal

  • Drafting and Filing Appellate Briefs

  • Attending Oral Argument (if scheduled)

  • Awaiting a Decision from the Court

Frequently Asked Questions

  • How long do I have to file an appeal in New York?

    You must file a Notice of Appeal within 30 days of sentencing in most criminal cases.

  • Can I introduce new evidence during an appeal?

    No. Direct appeals are limited to the trial record. If you have new evidence, a post-conviction motion (like a 440) may be appropriate.

  • What happens after I file the appeal?

    The court will set a briefing schedule, and after all briefs are submitted, they may schedule oral argument. Then comes a written decision.

  • What are possible outcomes of an appeal?

    The conviction can be upheld, reversed (new trial ordered), modified (sentence reduced), or rarely, dismissed outright.

  • Can I change attorneys for an appeal?

    Yes. Appeals often require new counsel—especially if trial counsel’s performance is part of the issue.

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