The Appeals and Post-Conviction Unit is assigned by the Appellate Division, Fourth Department to represent indigent appellants in Cattaraugus, Chautauqua, Erie, Genesee, Niagara and Orleans Counties on the direct appeals of their judgments of conviction. The Unit also represents some indigent appellants with judgments of conviction from Ontario County. Additionally, the Unit represents children, who were represented in Erie County Family Court by the Attorneys for Children Unit, at the Appellate Division, Fourth Department. These appeals arise from orders issued by the Family Court.
Our office assesses each appellate case for possible post-conviction motions. Post-conviction motions ask a superior court for different kinds of relief including, but not limited to, setting aside a conviction and ordering a new trial, modifying or vacating a sentence, or requesting alternative sentencing for survivors of domestic violence who allegedly committed an offense because of domestic violence. Most of these motions are contained in article 440 of the Criminal Procedure Law (CPL §§ 440.10, 440.20, 440.40, 440.47).
If our office was not assigned to your appeal, but you believe you have a possible post-conviction motion you would like our office to investigate, please write to the Erin A. Tresmond, Chief Attorney of the Appeals and Post-Conviction Unit, at 290 Main Street, Suite 400, Buffalo, New York, 14202. You may also contact APCU at 716.853.9555. A post-conviction investigation does not guarantee that APCU will file a motion on your behalf. Rather, we will investigate the claim to determine if a motion is warranted under the law and facts of your case first.