Appeals & Post-Conviction Relief
Appellate and post-conviction representation in New York and federal courts.
Direct appeals and appellate strategy
We represent clients seeking review of state and federal criminal judgments and related rulings. Appeals generally focus on preserved legal error and the trial record; deadlines and standards of review differ from post-conviction litigation.
New York CPL § 440 motions
A motion under CPL § 440.10 may seek to vacate a conviction on qualifying grounds, including certain constitutional defects, ineffective assistance, or other issues that depend on evidence outside the trial record. The applicable subsection, procedural bars, and evidentiary requirements matter. A CPL § 440.20 motion concerns certain sentencing challenges.
Federal post-conviction remedies
Depending on custody status and procedural history, federal remedies may include a motion under 28 U.S.C. § 2255 or, in limited circumstances, a petition for a writ of error coram nobis after the sentence has been fully served. These remedies have distinct limitations and are not substitutes for an ordinary appeal.
Why reopening a conviction matters
Vacating or modifying a conviction can affect removal eligibility, admissibility, naturalization, criminal-history calculations, sentencing enhancements, and certain firearms prosecutions. Immigration authorities do not necessarily recognize every vacatur or amendment: the legal basis for the change matters.
Negotiated post-conviction resolutions
Where supported by law and the record, we engage prosecutors about consensual vacatur, a new plea, or a legally sustainable disposition. We assess collateral effects before pursuing relief, including the risk of renewed prosecution or a less favorable outcome.