1. The Judgment and Plea Record Establish What Can Be Appealed
Identify the judgment, sentence, or order being challenged. Its type controls appeal rights and deadlines.
Convictions Usually Allow an Appeal As of Right
CPL § 450.10 generally permits an appeal from a judgment of conviction. However, a defendant cannot appeal solely because a sentence seems harsh or excessive when it matches the sentence agreed to as a condition of a guilty plea. Start a criminal appeals assessment with the judgment and plea transcript. An appeal waiver in the plea agreement may further limit review, depending on its validity and scope.
Certain Orders Require Permission
Under CPL § 450.15, appeals from orders denying motions under CPL §§ 440.10 or 440.20 generally require a certificate granting leave. CPL § 460.10(4) normally gives the defendant 30 days after service of the order to apply to the reviewing appellate court. If leave is granted, the certificate and notice generally must be filed in the original court within 15 days. Filing an ordinary notice alone does not replace the leave application.
2. The Original Court Controls the Appellate Route and Deadlines
The original court determines appellate jurisdiction. State and federal convictions follow separate procedures.
Reviewing Courts Depend on Where the Case Began
| Original Court | Reviewing Court |
|---|---|
| Nassau or Suffolk Supreme Court or County Court | Appellate Division, Second Department |
| Nassau or Suffolk District Court or town or village court | Appellate Term, 9th and 10th Judicial Districts |
| U.S. District Court for the Eastern District of New York | U.S. Court of Appeals for the Second Circuit |
Nassau or Suffolk Supreme Court or County Court
- Reviewing CourtAppellate Division, Second Department
Nassau or Suffolk District Court or town or village court
- Reviewing CourtAppellate Term, 9th and 10th Judicial Districts
U.S. District Court for the Eastern District of New York
- Reviewing CourtU.S. Court of Appeals for the Second Circuit
State appeals follow CPL § 450.60. The Appellate Term operates under 22 NYCRR Parts 730 and 731. Argument location does not determine where to file the notice.
The Notice and Brief Have Separate Filing Clocks
Under CPL § 460.10(1), a defendant ordinarily has 30 days after sentencing to file a notice of appeal in duplicate with the original criminal court and serve the county district attorney. For a separately appealable order, the period generally begins upon service of its copy.
Filing the notice differs from perfecting the appeal by preparing the record and brief. The Second Department generally uses six months under 22 NYCRR § 1250.9(a); Appellate Term § 731.7(c) measures six months from taking the appeal. Court orders or assigned-counsel directions may set a different schedule.
Some Local Courts Require an Affidavit of Errors
When the underlying proceedings lack a court stenographer's record, CPL § 460.10(3) allows an affidavit of errors or a notice of appeal within 30 days. A notice-first appellant generally must file an affidavit within 60 days after receiving the transcript of electronically recorded proceedings and serve it within three days after filing. A notice alone does not complete that appeal.
Federal Defendants Face a Different Deadline
Federal Rule of Appellate Procedure 4(b) generally requires a defendant's notice within 14 days after entry of judgment or the appealed order, or the government's notice if later. Certain motions and narrowly defined extensions affect the calculation. These federal appeals rules do not govern state criminal convictions.
3. Trial Records Determine Which Errors May Be Reviewed
The record matters more than a new account of events. Motions, transcripts, objections, and rulings establish the available arguments.
Preserved Objections Identify Reviewable Issues
CPL § 470.05(2) generally requires a timely protest that allowed the trial judge to address the issue. A request for a particular ruling can also preserve a challenge when the court rejects it. Compare the exact argument raised below with the appellate claim; a general objection may not preserve a different legal theory.
Suppression Review Can Survive a Guilty Plea
CPL § 710.70(2) allows review of a final suppression denial on appeal from the resulting conviction, even after a guilty plea. A valid appeal waiver can nevertheless foreclose that challenge. Compare the plea transcript and waiver with the suppression decision. The criminal evidence issue should identify the disputed search, statement, or identification and the judge's stated reasoning.
4. Direct Appeals and Post-Judgment Motions Serve Different Purposes
A direct appeal primarily addresses the existing record. Other motions address defined legal errors before sentencing or permissible challenges after judgment. Their deadlines and procedural restrictions differ.
CPL § 330.30 Applies before Sentencing
After a guilty verdict but before sentencing, CPL § 330.30 permits a motion to set aside or modify the verdict for specified reasons. They include qualifying record-based errors, juror misconduct, and newly discovered evidence. This is not the ordinary procedure after a judgment has been entered.
CPL §§ 440.10 and 440.20 Address Distinct Claims
CPL § 440.10 permits motions to vacate a judgment for specified grounds, including constitutional violations and qualifying new evidence. Claims involving facts outside the trial record may require sworn proof, while issues addressed or omitted on direct appeal face restrictions.
CPL § 440.20 addresses legally invalid sentences. Neither motion follows the general 30-day appeal deadline or automatically restores a missed appeal. Separate rules govern post-conviction relief.
5. A Document Review Establishes the Next Procedural Step
Identify the challenged decision, filing date, and supporting record before choosing the appropriate procedure.
Records to Gather
- Judgment, sentencing date, and separately served orders.
- Plea agreement, transcript, and appeal-waiver language.
- Suppression motions, hearing minutes, and decisions.
- Trial objections and the court's responses.
- Filed notices, proof of service, and prior appellate orders.
For a local criminal court case, verify whether a stenographer recorded the proceedings; that fact may change the required paperwork.
A Missed Deadline Requires a Separate Analysis
CPL § 460.30 permits limited relief for late filings caused by specified official or attorney misconduct, attorney death or disability, or qualifying inability to communicate during incarceration. A defendant must act diligently and generally move within one year after the original deadline expired. Sworn facts must support the motion; dissatisfaction with the outcome is insufficient. Confirm the sentencing or service date against the court record before filing.
28 Oct, 2026
