Off-record matters cannot be raised before the Appellate Division on direct appeal. This is because off-record matters were not litigated or preserved for appeal in most cases. Because of this, our office cannot include any issues on appeal that are based on off-record allegations.
However, our office makes a preliminary assessment in each case on whether a post-conviction motion is appropriate. If you believe a post-conviction motion is warranted in your case, the staff attorney assigned to your case will discuss this with you after they review your direct appeal.