Where Does a Brooklyn Criminal Appeals Lawyer File an Appeal?

The Appellate Term for the Second, Eleventh, and Thirteenth Judicial Districts reviews New York City Criminal Court judgments entered in Kings County. It reviews the lower-court record rather than conducting a new trial.

The Appellate Division, Second Department reviews criminal judgments entered in Kings County Supreme Court, including felony convictions following guilty pleas. Supreme Court is a criminal trial court despite its name.

A federal conviction from the Eastern District of New York follows a different route to the Second Circuit. Federal Rule of Appellate Procedure 4(b) generally allows a defendant 14 days after entry of judgment to file a notice in federal district court, subject to exceptions. The broader criminal appeals page explains the issues that may arise beyond the initial filing.

Under CPL § 460.10(1), a defendant generally files a notice of appeal in duplicate with the sentencing court clerk and serves the district attorney within 30 days after sentencing. A separately appealable order generally has a period measured from service of the order. Keep the stamped notice and proof of service. Under CPL § 460.10(6), a court may excuse certain late service when the notice was timely filed and statutory conditions are met. That provision does not broadly forgive missing the notice deadline.

For a qualifying local criminal court case without a court stenographer's record, CPL § 460.10(3) allows an affidavit of errors or notice within 30 days. If the defendant starts with a notice, an affidavit generally must follow within 60 days after receipt of the electronically recorded proceedings' transcript. The affidavit identifies alleged errors and must be served within three days after filing. The local court must then submit its return to the appellate court, generally within ten days after the affidavit is filed. A notice alone does not complete this special procedure.

Before selecting arguments, request the documents that show what the trial court decided:

• The judgment, sentencing minutes, and dated notice.
• Plea minutes and any appeal waiver.
• Suppression decisions and hearing transcripts.
• Trial objections and rulings, if the case went to trial.

The trial court may need to settle the minutes and transmit its return. CPL § 470.05(2) generally requires a timely objection or qualifying ruling to preserve a legal issue. For more detail, see the criminal appeals lawyer's review of unpreserved trial errors, which explains when an issue may remain reviewable despite the absence of a formal objection.

Under 22 NYCRR § 731.7(c), an Appellate Term criminal appeal generally must be perfected within six months after the appeal is taken. The appellant files the original brief and four copies, with proof of service of the brief and a transcript on the prosecutor. Failure to perfect or obtain an extension can result in dismissal. Since May 1, 2026, the Appellate Division, Second Department requires NYSCEF e-filing in criminal appeals originating in Kings County, subject to applicable exemptions under 22 NYCRR Part 1245. This rule does not replace the original notice or impose the Appellate Division's NYSCEF requirements on the Appellate Term.

The Appellate Term's mailing address is 1 Willoughby Square, 11th Floor, Brooklyn, NY 11201. Its visitor entrance is at 414 Albee Square West.

Under CPL § 450.15, denials of specified CPL Article 440 motions generally require permission to appeal. CPL § 460.10(4) ordinarily requires an application within 30 days after service of the order. If leave is granted, the defendant generally files the certificate and notice in the original court within 15 days after issuance. CPL § 460.30 permits limited extensions for specified attorney or official misconduct, attorney death or disability, or qualifying inability to communicate during incarceration. The motion requires diligence and must be made within one year after the missed deadline.

A guilty plea does not automatically eliminate review of a suppression denial under CPL § 710.70(2). A valid appeal waiver may still foreclose that claim, so the plea minutes and waiver language matter. A direct appeal generally relies on the existing record. Claims requiring material facts outside it may call for a CPL § 440.10 motion, while § 440.20 addresses certain unlawful sentences. These post-conviction relief procedures do not automatically reopen an expired appeal period.