The Appellate Division, Fourth Department assigns the Appeals and Post-Conviction Unit to handle hundreds of appeals each year. To ensure fairness to our clients, we process assignments in the order they are received, prioritizing based on the date of the judgment of conviction. Upon receiving an assignment, we gather the court file, transcripts of proceedings, the presentence report, copies of evidence presented at hearings or trials, and all relevant documentation. Once the file is complete, a staff attorney is assigned to perfect the appeal.
It’s important to note that, while the process can be lengthy, all our staff attorneys are highly skilled and dedicated advocates committed to zealously representing our clients and securing meaningful relief for them. Each client is actively involved in their appeal, and the assigned attorney either visits them personally or engages in a confidential telephone call to discuss the case. The client also receives a copy of the brief for review before it is filed.
After submission of the brief to the Appellate Division, there is typically a waiting period of several months before oral argument and review by the appellate court. The time taken by the court to render a decision varies but generally adds an additional four to six weeks.