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Bruce R. Bryan

NY Sex Crimes Appeals

NY sex crimes fall into a number of categories including rape, criminal sexual acts, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, sexual misconduct, forcible touching, and endangering the welfare of a child (when the basis of the charge is sexual conduct toward a child). The categories of sex crimes are often further defined by degree. Factors affecting the seriousness of the sex crime may include the age of the alleged victim, the use of force, and the number of alleged incidents.

NY Sex Crimes Appeals: Rape

Rape in the First Degree occurs when a person “engages in sexual intercourse with another person by forcible compulsion, or who is incapable by reason of being physically helpless, or who is less than eleven years old, or who is less than thirteen years old and the actor is eighteen years old or more.”

Rape in the Second Degree and Rape in the Third Degree involve less egregious circumstances than Rape in the First Degree. For example, Rape in the Second Degree occurs when a person “when, being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old.”

NY Sex Crimes Appeals: Sexual Abuse

Sexual Abuse in the First Degree occurs when a person “subjects another person to sexual contact by forcible compulsion, or when the other person is incapable of consent by reason of being physically helpless, or when the other person is less than eleven years old.”

Sexual Abuse in the Second Degree and the Third Degree involve less egregious circumstances than Sexual Abuse in the First Degree. For example, Sexual Abuse in the Second Degree occurs, among other ways, when a defendant “subjects another person to sexual contact and when such other person is less than fourteen years old.”

There are aggravated forms of Sexual Abuse that are likewise categorized by degree and involve the claimed use of a foreign object.

NY Sex Crimes Appeals: Course of Sexual Conduct against a Child

The NY crime of Course of Sexual Conduct against a Child concerns the commission of more than one act of sexual conduct against a child over a period of not less than three months. The NY crime of Course of Sexual Conduct against a Child is categorized by degree, with more egregious additional circumstances set forth in Course of Sexual Conduct against a Child in the First Degree.

Issues in a NY Sex Crimes Appeal

A NY sex crimes appeal may involve many legal issues, such as arguments that there was insufficient evidence for an element to the crime charged. For example, a defendant may claim that he did not commit the sexual act, or that the victim consented to the act, if the victim was capable of consent. A NY criminal sex crimes appeal may also raise errors that happened before the trial, such as a challenge to the application of the sex crimes statute (see examples of NY sex crimes appeal Pre-Trial Errors). There may be errors in a NY sex crimes trial that happened during the trial, such as rulings by the trial judge that wrongfully permitted harmful evidence or wrongfully excluded helpful evidence (see examples of NY criminal assault appeal Trial Errors). A NY sex crimes appeal may raise errors that happened after the trial or at sentencing (see examples of NY sex crimes appeal Sentencing Errors).

NY Sex Crimes Appeals to NY Appeals Courts

Most NY sex crimes appeals are heard by one of the four departments of the appellate division of the State of New York. (For a chart of NY counties within each department, click NY Appeals Courts).

Retaining NY Criminal Appeals Lawyer Bruce R. Bryan

To retain Mr. Bryan on a NY sex crimes appeal, or in another area of his practice, feel free to contact him at either his Syracuse office at 315-280-8790 or his New York City area office at 914-281-1850.

As demonstrated in his Attorney Biography, Mr. Bryan has extensive experience as a NY criminal appeals lawyer.  He has represented many defendants on their NY criminal appeals, including NY sex crimes appeals. He is the author of Guide to Criminal Appeals, Review and Parole in New York, a landmark book that explains in simple language about the procedure for criminal appeals in NY. (A Free Downloadable Copy of his book is available on this website).

Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, a world-renowned law school. He also teaches lawyers about criminal appeals to NY appeals courts. He has appeared before the Supreme Court of the United States and has pursued numerous federal criminal appeals on behalf of clients to United States Circuit Courts of Appeal. NY criminal appeals lawyer Bruce R. Bryan looks forward to speaking with you regarding the criminal appeal.

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