Criminal Appeals In New York State And Federal Courts Throughout the United States
The Law office of Stephen N. Preziosi handles criminal appeals in all U.S. Circuit Courts of Appeals and in New York State Appellate Courts (including Appellate Divisions and the New York Court of Appeals). Whether your case is under the Penal Law in New York State Courts or under Federal Law in the U.S. District Courts, I have extensive experience with all types of appellate matters in both the New York State Courts and the Federal Circuit Courts of Appeal.
I have pursued appellate cases in the Appellate Divisions, the Appellate Terms and the highest court in the State of New York, the New York Court of Appeals. I have taken on cases in the various U.S. Circuit Courts of Appeals and successfully identified legal issues, designed and written briefs and conducted oral argument.
My firm’s practice is concentrated in the area of appeals in criminal matters in both State and Federal Courts.
Post sentence applications: 440 motions, Writs of Habeas Corpus, Writ of Errors Coram Nobis
In many criminal cases in both State and Federal Courts there is a need to review certain constitutional issues and the development of new evidence found after a criminal defendant has been through the entire appellate process in his/her State Courts.
In the Federal Courts the accused, or “appellant”, can have the State Appellate Court’s decision reviewed in the Federal Courts through the Writ of Habeas Corpus or the Writ of Errors Coram Nobis. It is important that the petitions for these types of applications be brought in a timely manner and that the correct issues are raised so that the Appellant will have the greatest possible chance for success. An experienced appellate attorney will be familiar with the process and procedures necessary to execute these important applications on behalf of the client. I have prepared numerous Writs of both Habeas Corpus and Coram Nobis for clients and have extensive experience in this area of the law.
In New York State Courts the motion made pursuant to Criminal Procedure Law §440 is an important motion generally made after all appeals have been exhausted, or where there is new evidence, or where there is an issue pursuant to Padilla v. Kentucky. Making this motion and raising the correct legal issues is essential for the client’s success. An experienced appellate attorney will give you the best chance for success in these types of applications to the courts. I have extensive experience in writing 440 motions and have been at the forefront in both the trial and appellate courts in making applications based on the Padilla v. Kentucky case.