Home / Blogs / How to Perfect Criminal Cases in the Appellate Division First and Second Departments

How to Perfect Criminal Cases in the Appellate Division First and Second Departments

by | Sep 27, 2018

The rules and requirement of the New York State Appellate Division, First Department and Appellate Division, Second Department, differ somewhat on how to perfect a criminal appeal.  AD1 offers the option of proceeding on either the full Record or on the Appendix method if the attorney perfecting the appeal is privately retain.  In either case, counsel must subpoena the lower court file to the appellate Division.  If the appellant has been granted poor person relief by the appellate Division, counsel of record may file an appendix.  However, under these circumstances, he may wish to perfect by filing only a brief and one copy of the trial transcript. In this instance, there is no need to subpoena the file as the loser court will automatically transfer it to the Appellate Division.

In the Supreme Court Appellate Division, Second Department, whether counsel is retained or assigned, he need only file his brief and one copy of the trial transcript.  An Appendix or Record on Appeal may be filed, but is not mandatory.  And, of course, the lower court file must be subpoenaed.

Recent Posts

The Importance of Presentation in Appellate Cases

Everyone from Abraham Lincoln to Steve Jobs has been credited with coining some version of the adage, “The best way to predict the future is to create it.” No matter who said it first, the idea seems particularly apt for lawyers mounting an appeal. Consider one of the...

The Role of Expert Appellate Services in Winning Appeals

Winning an appeal requires a precise blend of meticulous preparation, strategic thinking, and deep familiarity with appellate procedures. Expert appellate services can play a crucial role in this journey, providing invaluable support to attorneys at every step of the...

Wednesday Wisdom

Co-Appellants should file together for the same term. However, if one of the co-appellants is not ready for the term intended, a stipulation may be signed by all parties involved and filed with the court consenting to the next term.

Wednesday Wisdom

Once registered on NYSCEF, all reliefs must be filed via NYSCEF. Motions must be one PDF file, text searchable and bookmarked to be e-filed on NYSCEF or through any court's portal at the appellate level.

Blog Categories