Deadline to Appeal a Criminal Sentence in New York

New York City Defense Attorney Explains

Video Transcript:

Rob Rosenthal: 

Do you know how to appeal a criminal conviction? We ask New York City lawyer, David Jason Cohen for this Ask The Lawyers quick question.

David Jason Cohen: 

Generally, in state court here in New York, you have to file a notice of appeal within 30 days with the clerk of the court indicating your intention to file an appeal to perfect an appeal, it's called. Now, while that is the rule and some places, say that's a hard and fast rule, we have filed dozens of appeals past the 30-day requirement, there's a whole host of reasons that one can get an exception to that rule. While I certainly do not encourage you to go beyond that deadline, and I do encourage all defense attorneys as well as defendants, to file a notice of appeal within 30 days, it just helps you to retain that right, should you make a determination to ultimately file the notice. If you don't file it, you have more hoops to jump through. And if you do file the notice of intent to file an appeal and ultimately determine not to file an appeal, no harm, no foul, and you're no worse for it.

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