The following resources can assist in filing a notice of appeal or late notice of appeal on a New York conviction. The attached materials include samples and explainers. The attorney FAQ explains the legal requirements surrounding direct appeals in New York State.
Resources for Direct Appeals
If you have a pending case or were recently sentenced, you can file a standard notice of appeal if it’s received by the court within 30 days. The FAQ: Filing Direct Appeals resource explains the process and provides model materials.
- FAQ: Filing Direct Appeals of New York City Criminal Convictions and Getting Lawyer Assigned, March 2021
If you have a criminal conviction but the court did not receive your notice of appeal within 30 days, you have up to 1 year and 30 days after sentencing to request permission to file a late notice of appeal. The FAQ: Filing a Late Notice of Appeal resource explains this process and provides model materials and motions.
If you are an attorney, you have specific professional obligations to your client when it comes to discussing and filing notices of appeal. The Attorney Resource provides information and case law about your obligations, as well as a new affidavit to submit with notices of appeal to ensure assignment of appellate counsel.