Motions and pretrial hearings
After the charges are filed, the defense in New York usually makes written motions challenging the charging instrument, the grand jury presentation in a felony case, and the way evidence was obtained. Many of these lead to pretrial hearings with names familiar to New York practitioners: a Mapp hearing on physical evidence, a Huntley hearing on statements, a Wade hearing on identification procedures, and a Dunaway hearing on whether there was a lawful basis for the arrest. A hearing gives the defense a chance to question police witnesses under oath before trial. Even when evidence is not suppressed, the testimony can shape the trial and the negotiation that runs alongside it.
Discovery and its disputes
New York's discovery rules require prosecutors to share a broad range of material, and disputes over completeness, timing, and certification are now a regular part of criminal litigation. Those rules were amended recently, so the procedure for raising a discovery problem should be checked against the current statute. The defense also litigates subpoenas for records held by third parties, such as phone carriers, hospitals, or schools, which often require a court order. Protective orders can restrict how certain material is shared, including with the person charged. Getting discovery right matters, because trial preparation and plea discussions both depend on knowing what the evidence actually is.
Trial and after
If a case goes to trial, litigation continues through jury selection, objections, motions for dismissal at the close of evidence, and requests for specific jury instructions, all of which help preserve issues for appeal. After a conviction, the next steps can include a direct appeal and, in some situations, a motion to vacate the judgment based on facts outside the trial record, such as ineffective assistance of counsel or newly discovered evidence. The deadline to file a notice of appeal is short and runs from sentencing, so the decision whether to appeal should be made promptly. In a first conversation we look at where your case is in this sequence and which litigation steps are still open.
