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Appealing a felony conviction?

New York, NY |

Can one appeal a felony conviction after the time was served? Someone is making the claim that he maintained his innocence even though he was convicted in 2004, served time & was released in 2007 however now is trying to appeal his conviction in 2012. Is this even possible?

Attorney Answers 5


  1. Possible, yes. Likely to succeed, no. Consult with a local appellate lawyer asap to go over all the facts and issues.
    Good Luck!

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. Yes, depending on the specific circumstances you would want to consider a
    CPL 440.10 Motion.

    ---
    Sent wirelessly, please excuse typos and brevity.
    >

    This answer has been prepared for informational purposes only and does not constitute legal advice of Todd A. Spodek, Esq., Storobin & Spodek, LLP, or any of its attorneys, and is not guaranteed to be correct, complete, or up-to-date. You should not act, or rely on any information in this website without seeking the independent advice of an attorney of your choice.


  3. You may still be able to file an appeal. A motion could be made to vacate the judgment based on new evidence or other enumerated grounds.

    I have been an attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  4. An appeal is not likely but a post conviction motion has a better chance.


  5. Yes, although it is very difficult. The reason people do this after release from jail is that it is possible to recover damages from the government for wrongful conviction.

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