The Appeals and Post-Conviction Unit (APCU) is the primary appellate provider for indigent criminal appeals in Erie, Cattaraugus, Genesee, and Orleans Counties. We also assist clients on assignment from the Appellate Division, Fourth Department in Chautauqua, Niagara, and Ontario Counties. Our office primarily handles appeals from superior court matters — supreme and county courts — but may file appeals to county court when called upon in Genesee, Cattaraugus, Ontario, and Orleans Counties.
When necessary, attorneys provide representation to clients beyond representation in the Fourth Department. This includes leave applications to the state’s highest court, the Court of Appeals, and petitions for a writ of certiorari to the United States Supreme Court. If a leave application or petition are granted, APCU attorneys continue representing clients in those courts.
APCU is also privileged to be able to represent clients in post-conviction proceedings challenging wrongful convictions and sentences. This includes, but is not limited to, proceedings brought pursuant to CPL §§ 440.10, 440.20, 440.30, and 440.47.