Criminal AppealsQueens, NY Criminal Appeals Attorney

NY Criminal Appeals Attorney

Appeals in criminal cases can be quite complicated and usually involve a tremendous amount of legal work. The best time to consult an appellate attorney is immediately after a verdict of guilt or guilty plea and prior to the imposition of sentence. At this stage , counsel can review the prior proceedings and consider the filing a motion to set aside the verdict or to withdraw a guilty plea (governed by Article 330 of the Criminal Procedure Law) .

How Can You Appeal Your Criminal Conviction?


Additionally, counsel can be very effective in representing a client at the time of sentencing by means of possibly engaging in last minute negotiations and/or submitting a pre-sentence memorandum detailing a clients background, the effects and collateral consequences of the criminal conviction upon him or her as well as their family, mitigating circumstances as well as other factors for favorable consideration by the sentencing court .

Preliminarily, and foremost in approaching any appeal is the assessment of whether or not the client

(who is facing a jail sentence or has been sentenced to a term of incarceration) is eligible for release on bail pending appeal. This involves a written application or motion to the trial or appellate court detailing the potential merits of the appeal (likelihood of success) and lack of bail risk that the client poses.

A notice of appeal needs to be served and filed within 30 days from the date of sentence. Thereafter, the appeal needs to be perfected which involves counsel obtaining and reviewing the complete file and minutes of the initial proceedings in the trial court, researching potential applicable legal precedents and the drafting, serving and filing of an appellate brief detailing the underlying facts and legal arguments.  The ultimate goal is the reversal, or at the very least, a modification or reduction of the conviction or sentence.

Victor Knapp, Esq. , has a great deal of experience in handling both civil and criminal appeals.  Some of his appeals have been well publicized and precedent setting in the areas of Driving Under the Influence of Alcohol (DUI) [People v. Mertz , N.Y. Court of Appeals , 1986[1] (which reversed a trial conviction and interpreted the N.Y. statutes involving the weight to be given to blood alcohol test results and the admissibility of documents as part of the prosecution’s case ); and Parole Revocations [People ex rel Reginald Robertson v. N.Y.S Division of Parole, N.Y. Court of Appeals, 1986 (re-affirming the requirement that factual issues raised in habeas corpus proceedings are to be decided by the Courts and not the Division of Parole)].

Victor Knapp in an Attorney with Successful Criminal Appeals Experience

The appellate process

While not directly involved in the appeal of the convictions in the Howard Beach II trial , the appellate court did reverse the convictions of the co-defendants based upon two objections made by Victor Knapp , Esq. , at the trial level on behalf of his client [2].

Again , the appellate process ( just like the trial of a criminal case) , can be time consuming and complicated and is best started as soon as a conviction occurs. Victor Knapp, Esq. is very experienced in handling both trials and appeals and is available for either an assessment or representation on these levels .

The Mertz case

The Mertz case has been extensively cited by courts throughout the United States for the proposition that BAC test results are not dis-positive of a drivers blood alcohol level at the time of the operation of the motor vehicle and / or arrest . At trial , Victor Knapp , through the retention and trial testimony of an expert witness and cross-examination developed what was later dubbed the Bacon-Cheeseburger defense which was held to be a proper legal defense to the charges by New York’s highest court .

Victor Knapps

Victor Knapps client was acquitted of all charges at trial , thus obviating the need of Victor Knapp to be directly involved in any appeal .

Contact Criminal Defense LawyerCall us today, e-mail us or leave a message

Get a free callback

    Mr. Victor Knapp is a Criminal Defense Lawyer in Kew Gardens neighborhood of Queens, New York.  Many say that he is the best Criminal Defense Lawyer in Queens and the surrounding neighborhoods of Jamaica, Forest Hills, Bayside, Woodside, Elmhurst, Jackson Heights, Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Ozone Park, Glen Oaks, Howard Beach, Middle Village, Ridgewood, Long Island City, as well as other communities in the counties of Brooklyn, Bronx, Manhattan, and Staten Island, including Nassau County, Suffolk County and on the East End (Hamptons) of Long Island.


    Copyright 2022
    The Law Offices Of Victor Knapp

    Skip to content