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I need to appeal a case, that was back in 2010 to current. currently the person was falsely accused and misrepresented. how do i

Middletown, NY |

The person was accused of aggravated dwi/ with child. i'm investigating this case to appeal the court for his freedom.
How do I go about this? so far I started by requesting records from the original police department

Attorney Answers 4


  1. The time for a direct appeal has likely run out. Are you talking about a CPL 440 motion?

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Appeals are very technical, as they do not normally deal with the facts or truth, only errors of law. If the person failed to file a notice of appeal within the 30 day period, the appeal will be barred. If he was misrepresented, a CPL440 motion must be made and enied and then he can seek leave to appeal that denial.


  3. I agree with my colleagues, who are criminal attorneys and will know the procedure for a criminal case. However, from an appellate point of view, you should discuss this with an appellate attorney who does criminal work. I have civil family appeals from 2010, but that's because the notice of appeal was filed timely. It is likely that your time to appeal has run out, unless a notice of appeal was filed within 30 days. Otherwise, I never recommend someone do their own appeal. Appeals are very specialized. Most lawyers don't do appeals either because it is not their specialty and it has rules that they are unaware of. You need to find someone who does a lot of appeals and who will know if you have an appeal in this case, and if so, how to take that appeal for you. It is not something you should undertake yourself. Good luck to you.

    If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. The answers provided here do not, under any circumstances, create a lawyer-client relationship and are provided to supply a general answer based on the facts as given by the author. The above attorney is not giving advice but is answering the question in general terms. At all times, the above attorney will advise the author of the question to seek independent legal counsel. The above answers should not be relied upon by the author or by anyone else for the authoritative answer to the question; consult with your own lawyer for your legal questions.


  4. Contact an appellate attorney with extensive criminal law experience, which will include CPL 440 motions.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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