I assume that you are referring to the one who was convicted and sentenced to 12 years. Anyone convicted of a criminal offense has the right to appeal. The procedures vary from state to state, and as I'm not licensed in NY I can not give you specific details on the procedures in your state, however, in my experience the sentencing court always advises a defendant of their appeal rights whether they were convicted after a trial or pursuant to a guilty plea. Additionally the defendant's attorney should have explained his rights to appeal. There are strict time limitations imposed on the exercise of post-conviction rights, so the defendant should be talking with his attorney without delay.
His current lawyer should be asked about this. A plea to 12 years may waive the right to appeal. A trial verdict and sentence of 12 years can and should be appealed.
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.
A defendant appeals a conviction after sentencing. If the defendant is indigent he or she must apply to the Appellate Division for a public defender to handle the appeal. If the defendant is not indigent then he or she has to hire a lawyer for the appeal.
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 Eric@RothsteinLawNY.com. 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.
His lawyer will automatically appeal if he wants him to unless he waived the appeal to get a reduced plea. Legal Aid will handle the appeal if they handled the case but appeals rarely change anything, especially the sentence.
Every person has the right to file an appeal. You do not indicate if this is an appeal from a plea or a trial and there is a difference. In addition his lawyer at the trial level would have had to file a notice of appeal. Good luck.