What legal avenues exist to overturn a state felony conviction in New York and how long do appeals typically take?
Executive summary
New York law provides several formal pathways to challenge and potentially overturn a state felony conviction: a direct appeal to an intermediate appellate court, post‑conviction motions (most commonly a CPL 440.10 motion to vacate the judgment), and—if state remedies are exhausted—seeking further review by the New York Court of Appeals or, in limited federal constitutional claims, federal habeas corpus; the first procedural step for most defendants is filing a timely Notice of Appeal within 30 days of sentencing (CPL §460.10) [1] [2]. The calendar for resolution varies: preparing the record and briefs and waiting for panels and oral argument typically takes several months to a year or more, with complex or protracted cases running longer [3] [4] [5].
1. Direct appeal: the automatic, time‑sensitive route
A convicted defendant in New York ordinarily preserves the right to a direct appeal by filing a written Notice of Appeal within 30 days after imposition of sentence, and that filing is the gateway to review by the appropriate Appellate Division (or Appellate Term in certain lower‑court cases) where legal errors at trial can be argued and the record reviewed [1] [2] [6]. Practical steps include serving the notice on the prosecutor, perfecting the appeal by preparing the transcript and index, and filing appellate briefs; courts and clerk instructions stress the strict time limits and that failure to comply can lead to dismissal of the appeal [7] [2].
2. Post‑conviction CPL 440 motions: attacking the judgment directly
Beyond the direct appeal, New York defendants can pursue post‑conviction relief through motions under CPL §440.10—commonly used to claim ineffective assistance of trial counsel, newly discovered evidence, or other defects in the judgment itself—which, if successful, can vacate a conviction or trigger a new trial; appellate‑practice guides note that these motions are a distinct procedural channel from the direct appeal and often require different factual showings [8] [9]. The state practice community cautions that counsel for a conviction often differs from appellate or post‑conviction counsel, and that these motions have their own standards and time considerations [8].
3. The appellate ladder and limits on review
If an Appellate Division affirms, a defendant may seek leave to appeal to the New York Court of Appeals, the state’s highest tribunal, but that court has discretionary jurisdiction in most criminal matters; geographic rules determine which department hears the first appeal (for example, Manhattan convictions go to the First Department) and felony appeals are generally routed to the Appellate Division unless the trial court structure places them in the Appellate Term [10] [6]. Appellate courts review the trial record for legal error, may order new trials, reduced sentences, or outright dismissals in cases of insufficient evidence, but some issues—such as a defendant’s guilty plea waiving certain claims—can limit what is reviewable on direct appeal [10] [9].
4. How long appeals typically take and interim relief
Timelines begin with the 30‑day notice window and then depend on preparation of the record, transcript ordering, briefing schedules and court calendars; courts and appellate practitioners report that appeals commonly take several months and often about a year, while some complex matters extend beyond that [3] [4] [5]. Meanwhile, defendants can seek stays of execution of sentence or bail pending appeal, but such relief is discretionary and more difficult once incarceration has begun; appellate counsel can ask the trial or appellate court to stay a sentence while review is pending [3] [7].
5. Practical constraints, strategic choices and remedies beyond state courts
Strategic realities shape which avenue is chosen: direct appeals focus on legal errors visible in the record, CPL 440 motions can raise new facts or constitutional claims like ineffective counsel, and if state remedies are exhausted a federal habeas petition may be available for federal constitutional violations—though federal procedure and timing differ and were primarily addressed in federal practice guides [9] [4]. Reporting and practice guides underscore that timeliness, the nature of the ground for relief, and whether issues were preserved at trial determine both the availability of relief and the likely timetable [9] [8].