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Appeal before trial or after trial?

New York, NY |

trying to determine if it would be more helpful and cost efficient, if i was to appeal my case immdiately after the judge denies my dismissal or wait until after the trial has completed entirely?

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Attorney answers 3


If this is a criminal case you cannot appeal until after a conviction.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


You cannot appeal until after the final judgment which is not even the verdict but rather the sentence.

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)

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.


There is no interlocutory appeal in NY on a criminal matter. This means that you must await until after conviction and sentencing to appeal any issue.

Matisyahu Wolfberg

Matisyahu Wolfberg


that is correct, you can't appeal until conviction, and you generally have 30 days to file a notice of appeal in NY

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