Criminal Defense Appeals: The Cutting Edge

Criminal Defense Appeals: The Cutting Edge 

How to sharpen your analysis and advocacy around core and emerging issues.

The New York State Bar Association Committee on Mandated Representation is proud to present this program in cooperation with the Appellate Defender Council of the New York State Office of Indigent Legal Services.

Criminal leave applications: If successful, your application for permission to appeal to the New York Court of Appeals can provide an opportunity to achieve relief for your client and shape New York law to benefit other defendants. But leave grants are rare. This panel discussion will provide sharp insights from Hon. Jenny Rivera, Associate Judge of the Court of Appeals, and two seasoned criminal defense appellate attorneys with extensive experience in making and winning leave applications, Rosemary Herbert of the Office of the Appellate Defender in New York City and Janet Somes of the Monroe County Public Defender. 

Legal sufficiency and weight of evidence. This session will address how to make arguments that the trial proof was legally insufficient, including the threshold analysis about preservation of the issue. Also covered will be how to craft effective arguments that the verdict was against the weight of evidence. Piotr Banasiak of Hiscock Legal Aid Society in Syracuse will be the presenter. 

Waivers of the right to appeal. These waivers are widely used in guilty plea cases. However, they are often flawed and can be successfully attacked upon appeal, so that the merits of purportedly waived issues can be reached. This session will discuss counsel’s duties to protect the client’s right to appellate review, the rapidly evolving law regarding waivers of appeal, strategies for invalidating waivers, and issues that survive even a valid waiver. Robert Dean and Megan Byrne of the Center for Appellate Litigation will be the speakers for this segment. 

Guilty plea appeals and risks. A guilty plea may provide fertile grounds for attack upon direct appeal. Issues might include, for example, the plea court’s failure to advise the defendant of rights forfeited; the defendant negating an element of the crime in the colloquy; or an invalid accusatory instrument. Plea appeals may carry potential risks, about which counsel has an ethical duty to advise the client. This session, led by Lynn Fahey of Appellate Advocates and Lawrence (Ted) Hausman of Legal Aid Society of New York City, will explore such matters.  

Discovery reform and speedy trial issues. Discovery reforms have changed criminal defense in New York and raised many issues, including about access to police misconduct records for impeachment. The People’s noncompliance with discovery mandates can result in violations of statutory speedy trial requirements. This program will delve into the emerging law and what attorneys need to know to make successful arguments on appeal. Tammy Feman of Nassau County Legal Aid Society and Drew DuBrin of Monroe County Public Defender will lead this presentation.