First Felony DUI. Third DUI total
The same as any other appeal... perfection of the appeal typically must take place within 6 months after filing the notice (unless extension is granted) and then the Answering brief, etc. must be filed, and ultimately it is reviewed by the Appellate Division, with or without oral argument, and then the decision is made. How long? It depends....figure at least 8 to 12 months.
There are many variables. The first is the speed of your attorney, and the Respondent attorney. How quickly is your attorney not only filing a Notice of Appeal, but more importantly, how fast is your attorney perfecting the appeal. After the opposing attorney files his brief and your attorney submits his reply, the matter is submitted to the court. Are the attorneys requesting oral argument? If so, it could take longer. The next variable is how the long the Appellate Court takes to decide the case. Are you in-custody? I am sure you have your reasons for concern regarding the length of time an appeal takes. I would suggest you concern yourself with making sure you have an attorney that is knowledgeable and has had experience in previously handling appeals. I have won multiple arguments in the New York Supreme Court, Appellate Division and I can tell you that it is a lot of work and you need to know what you are doing. Good luck!
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