Filing a Criminal Appeal in New York City, NY

Were You Unfairly Convicted? We May Be Able to Help.

handcuffs and a gavel

Your own criminal defense attorney may have failed you, or was engaged in some type of misconduct that led to an unfair conviction. The prosecutor may have withheld information, which impacted your ability to get a fair trial. The jury may have been engaged in jury misconduct, leading to a conviction that may have been avoided.

Incorrect legal rulings about the presentation of critical evidence could have swung a jury against you, when they would have decided you were not guilty had that ruling not taken place. In all criminal appeals, the critical points are related to whether or not the conviction may not have occurred if the misconduct or error had not been part of the trial.

Get your Case Reviewed by H. Benjamin Perez & Associates, P.C.

Minor errors that would not necessarily affect the outcome of a case are not enough to win the right to an appeal. It could not be more important that your case is fully and carefully reviewed in order to determine whether or not there was any point in your trial, or in the actions of the prosecutor, defense attorney, jury or other party, that were illegal or incorrect, leading to a conviction.

This is where the NYC criminal defense lawyers at H. Benjamin Perez & Associates, P.C. come in. Our firm has served as counsel in hundreds of criminal trials, giving us the experience and insight to discern whether or not you were deprived of a fair trial. Contact our firm today to learn how we can assist you.

Filing a Notice of Appeal after a Criminal Conviction

Filing a notice of appeal is the first step that you must take if you wish to overturn an unfair or wrongful conviction in New York State; however, it is important to understand that your case will be subject to strict time limitations. Failing to file a notice of appeal on time can result in the dismissal of your case, so timely action will be crucial. Although this step isn't a difficult process in and of itself, it is highly recommended that you have an experienced lawyer file the notice on your behalf. In order to properly file a notice of appeal, your attorney will need to keep several important aspects in mind:

  • The notice of appeal must be properly drafted
  • Two copies must be filed with the clerk of the criminal court
  • The prosecutor must be served with a copy of the notice
  • The notice must be filed within 30 days of sentencing

Once the notice of appeal has been filed, you will have nine months to prepare your case.

Trust a Criminal Defense Team Backed by Trial Success

At H. Benjamin Perez & Associates, P.C., our New York City criminal defense attorneys have garnered a reputation for being tough, experienced and highly skilled litigators. Having represented hundreds of defendants against a wide range of criminal charges, we truly understand what it takes to win a difficult case—even if our client has already been convicted. Not only do we offer defense counsel from a former prosecutor, but we have been recognized for our abilities with honors that include a 10/10 "Superb" rating from Avvo. For this reason, you can rest easier knowing that H. Benjamin Perez & Associates, P.C. is on your case.


Contact our office 24/7 to schedule your free case evaluation. We stand ready to fight for you!