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Bruce R. Bryan

Buffalo Appeals NY

Criminal Appeals from New York State Courts in the Buffalo, New York, Area

Criminal appeals from Erie County, and other counties in Western New York, are typically heard by the Appellate Division, Fourth Judicial Department, located in Rochester, New York. Appeals are typically heard by five-­‐judge panels of the Fourth Department on the full record.

An appeal is commenced by the filing and service of a Notice of Appeal. The Appellant’s attorney assembles a proposed Record on Appeal to which the Assistant District Attorney on the appeal must stipulate. After filing the stipulated Record and the Appellant’s brief, the District Attorney’s Office files a brief in opposition. A reply brief from the Appellant is optional. The case is set for oral argument before a five-­‐ judge panel and the Court typically renders a written decision on the appeal within one or two months.

For further information on criminal appeals from New York State courts, see the Guide to Criminal Appeals, Review, and Parole.

Federal Criminal Appeals from Federal District Courts in the Buffalo, New York, Area

Federal criminal appeals from the United States District Court for the Western District of New York are heard by the United State Court of Appeals for the Second Circuit located in Manhattan. Appeals are typically heard by three-­‐judge panels of the Second Circuit based on an Appendix (a partial record of selected pages that pertain to the issues raised on the appeal).

After filing a Notice of Appeal, the appeal follows a strict time schedule. The Appellant’s attorney typically must file the Appellant’s brief and the Appendix within 90 days of receipt of the last transcript. The Assistant United States Attorney on the appeal then files a brief in opposition. A reply brief from the Appellant is optional. In most appeals, the parties have a right to an oral argument, but in some cases (such as appeals that raise only sentencing issues) the parties must obtain permission for oral argument. There is no specific time frame within which the Second Circuit issues a written decision on the appeal, but the Second Circuit is generally prompt.

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More