You will need to make a motion giving a reason for the delay. Courts usually grant them because they prefer to address criminal appeals on the merits. I handle criminal appeals.
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. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Your criminal defense attorney would make a motion to the court and in that motion state why there was a delay in filing. As above colleague says, there is a good likelihood of success. Do not try to do this on your own, obtain an attorney.
If this answer was helpful please click that block. Answers in the forum are only general and it is always best to contact a criminal defense lawyer to discuss your case. We handle NY, NJ and all Federal Court cases. Bukh Law Firm P.C., 14 Wall Street, New York NY 10005, (212) 729-1632. www.nyccriminallawyer.com
Your criminal defense attorney should be able to handle this for you. I would strongly advise you to use experienced counsel in both obtaining court permission to file a late appeal and for the appeal itself.