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.