Criminal Appeals Lawyers in New York

Serving Suffolk & Nassau Counties from Manhattan, Garden City & Huntington

Barket Epstein Kearon Aldea & LoTurco, LLP is led by Donna Aldea, a renowned New York appellate attorney with 20 years’ experience in handling criminal and civil appeals and post-judgment motions at both the state and federal levels. With over 200 published decisions that have shaped and often changed the landscape of state and federal law, many of which have made front-page news in the New York Law Journal, New York Times, and local press, our experience will provide a litigation strategy designed to maximize available post-judgment remedies, and will ensure a clear and persuasive presentation of your strongest case to an appellate tribunal, helping you pursue the best possible results.

When you bring a criminal appeal in New York, you are asking a higher court to review what happened in the trial court and determine whether legal errors or constitutional violations affected the outcome. We guide clients and their families through each step of this process, from obtaining the full record to evaluating potential issues and advising on realistic options moving forward. Because we regularly appear in New York appellate courts that review cases from Suffolk County, Nassau County, and the five boroughs, we understand how local trial practices can impact what is preserved for review and how those issues are likely to be viewed on appeal.

To discuss your situation with New York appeals lawyers who have the unique skills and experience to help you, call (888) 779-0267. Your initial consultation is free.

Why Hire Our New York Appeals Lawyers?

Appeals are highly complex and require a strong showing of evidence to overturn the conviction. Appellate and post-judgment litigation not only follows different procedural rules, but also requires a very different skill-set than trial work, emphasizing legal research, detailed analysis, and sharp writing, rather than the fact-based evidence review, witness examination, and courtroom jury-argument essential to trial work.

In a criminal appeal, the reviewing court generally looks only at what is contained in the record from the court where the conviction or sentence was imposed, such as a New York Supreme Court or County Court. That means prior motions, trial transcripts, exhibits, and sentencing minutes must be carefully examined to identify legal errors and preserved objections that could support a reversal or a new hearing. As your appeals attorney in New York, we focus on isolating the few strongest arguments and presenting them clearly and persuasively, rather than raising every possible issue and diluting the power of the brief.

Hear from our clients:

"Donna Aldea is an exceptional attorney who surpasses all expectations. Her legal knowledge, dedication, and unwavering commitment to her clients make her an invaluable asset. Donna's strategic approach, combined with her empathetic nature, ensures a seamless and positive experience. She was successful in winning a very challenging reversal via appeal. I wholeheartedly recommend Donna Aldea for anyone seeking legal representation; she is a true professional who goes above and beyond for her clients." - Yechial

A good trial lawyer is simply not a substitute for an experienced appellate attorney in New York. This is highly specialized work, which requires a specialized lawyer. Barket Epstein Kearon Aldea & LoTurco, LLP has the resources, knowledge, and experience to help you seek your desired outcome.

Areas of New York Appellate Experience

Our areas of appellate experience in the realm of criminal law include:

• New York State: direct appeals to the Appellate Term, Appellate Division, and New York Court of Appeals to challenge a criminal conviction based on errors appearing on the trial record; defending against People’s appeals; motions for leave to appeal from denial of prior appeals and post-judgment motions.
• Federal: direct appeals to the United States Circuit Courts, and United States Supreme Court; defending against Government’s appeals; motions for permissive appeals from denials of petitions for habeas corpus or 2255 motions; petitions for Writ of Certiorari.

To evaluate the best possible appellate path for your case, our appeals lawyers begin by examining several key factors:

• Appellate pathway evaluation: Determining whether the case should proceed in the Appellate Term, Appellate Division, or New York Court of Appeals
• Case posture review: Examining prior rulings, denied motions, and whether constitutional issues are present
• Post-judgment options: Identifying whether additional relief in the trial court may be appropriate before or alongside a direct appeal
• Strategic decision planning: Mapping out available options so you can choose the most effective way to challenge a conviction or sentence

Examples of Criminal Post-Judgments and Interlocutory Motions

Our New York appeals lawyers have handled criminal post-judgment and interlocutory motions including the following and more:

• Motion for change of venue
  • Post-verdict/pre-sentence motion to set aside the verdict pursuant to CPL §330.30 on grounds of legal error, improper conduct by a juror, or newly discovered evidence.
• Motion to vacate judgment or vacate sentence pursuant to CPL §440.10 and §440.20 on grounds of actual innocence, ineffective assistance of counsel, invalid pleas or failure to advise of deportation and other consequences, off-the-record constitutional errors, prosecutorial misconduct, failure to disclose required discovery or exculpatory evidence (Rosario/Brady violations), and sentencing errors.
• Motion for post-conviction DNA testing pursuant to CPL §440.30.
• Applications for Stay of Execution of Judgment Pending Appeal, which help ensure that many of our clients remain at liberty even after their sentence is imposed, while their appeals are pending.

Understanding The New York Criminal Appeals Process

After a conviction in a New York trial court, the appeals process follows a structured path that focuses on reviewing the existing record rather than presenting new evidence. Understanding these stages can help clarify what to expect and when key decisions must be made:

• Filing the notice of appeal: A limited timeframe applies after judgment, making timely filing essential to preserve appellate rights
• Record and transcript preparation: Trial transcripts, motions, exhibits, and sentencing minutes are compiled for review by the appellate court
• Brief submission: Written arguments are prepared and filed, explaining legal errors and why relief is warranted
• Oral argument (when scheduled): In some cases, attorneys present arguments before a panel of judges
• Appellate decision: The court reviews the record and arguments to determine whether to affirm, reverse, or modify the outcome

Unlike a trial, the appeal is based entirely on what is already in the record. This requires a focused review of transcripts, rulings, and motions to identify the strongest legal issues rather than raising every possible argument.

In some situations, both a direct appeal and post‑judgment remedies, such as a CPL 440 motion, may be pursued together. This allows for consideration of issues that appear in the record as well as matters that arise outside of it, helping align the strategy with the goals of the case.

In the specialized area of appellate law, there is no substitute for our attorneys’ level of experience. Don’t take any chances the second time around. Contact our New York criminal appeal lawyers at (888) 779-0267.