Appealing a Criminal/Quasi-Criminal Court Conviction for Pro Se (Unrepresented) Litigants
(sec. 200.33 Uniform Rules, sec. 460.10 and 460.70(1) CPL)
NOTE: These instructions are for pro se (unrepresented) defendants. If you intend on retaining an attorney for the appeal, you should still file your Notice of Appeal (see # 1 below) to protect your rights. Your attorney can thereafter “perfect” the appeal.
NOTE: If you believe that you are entitled to assigned counsel or if you wish to proceed without an attorney, but wish to request poor person status for payment of the transcripts on the appeal, you must make an application to the appellate court (Otsego County Court) for poor person status. If granted by the County Court, you must file a copy of the Order of the County Court with the City Court. You should file your Notice of Appeal (see # 1 below) within thirty (30) days of your conviction before making application to the County Court. This will protect your right to continue with the appeal should your application for poor person status be denied.
NOTE: If you are represented by an attorney at the time of the conviction, your attorney should file the Notice of Appeal. Be sure to advise your attorney at the time of the conviction that you wish to appeal so that the Notice of Appeal may be filed within the proper time limits. If you have assigned counsel at the time of conviction, your assigned counsel will need to make an application to the County Court for him/her to continue as assigned counsel on the appeal.
The defendant to a criminal or quasi-criminal (i.e. traffic infraction) case may appeal to have his/her conviction reviewed by a judge of the Otsego County Court.
1. Within thirty (30) days from the date of conviction, file (by mail or in person) two copies (original and copy) of a written Notice of Appeal (see sample attached) with the City Court which heard September 26, 2018he caption of the case, the docket number associated with that case, and a statement that you (as the “appellant”) intend to appeal the conviction. You must also include your address in the Notice of Appeal.
You must also mail/deliver a copy of the Notice of Appeal on the prosecuting attorney (this would be the Oneonta City Prosecutor or the Otsego County District Attorneys Office.)
2. Since all proceedings in the Oneonta City Court are electronically recorded, you will need to make a written request to the City Court for the transcript to be prepared. Your written request must contain the date(s) of the trial and the transcription service that you wish to use to prepare the transcript. If you were granted poor person status, the Court will select the transcriber for the
preparation and you must file the Order from the County Court with the City Court prior to the ordering of the transcript. You can obtain a list of available transcription services from the City Court. The Court Clerk will send the audio tape to the transcription service.
It is your responsibility to pay for the cost of the transcript (unless you have been granted poor person status by the County Court pursuant to CPLR sec. 1101). Two copies will be prepared; one which will be filed with the Court and one for you, the appellant. You may wish to request a cost estimate of the transcript before ordering the transcript (Note: this is only an estimate and the actual cost may be less or more than the estimate). The reporter may require an advance deposit
and will require payment of the balance before releasing the transcript.
3. The transcript will be provided to you and the Court. All parties will have an opportunity to review the transcript and, if any party believes there is a discrepancy, a Settlement Conference will be scheduled with the City Court Judge. Otherwise, the City Court will file the “Return” (that is, the City Court file including the transcript) with the County Court. The City Court will notify the appellant that the “Return” has been filed with the County Court.
4. At this point, the matter is now to be considered by the County Court. You will be notified by the County Court to submit a written memorandum outlining the aspects or your appeal/case which you believe were improperly decided by the City Court Judge. Copies of any documents that you provide to the Court must always be provided to the prosecutor and an Affidavit of Service completed. Again, remember that the County Court may not consider facts or evidence which were not part of the case heard in the City Court.
5. If, after you have started an appeal, you change your mind and wish to discontinue or withdraw the appeal, you must notify the City Court and County Court, in writing, of the discontinuance.You should also notify the prosecuting attorney that you will not be proceeding with the appeal. Of course, you will also be responsible for any costs associated with the appeal including any portion of the transcript that has already been prepared.
6. After the appeal has been decided by the County Court, a copy of that Decision will be mailed to you at the most recent address on file with the County Court.
NOTE: YOU MAY VISIT THE SUPREME COURT LIBRARY LOCATED IN THE OTSEGO COUNTY
COURTHOUSE FOR LEGAL REFERENCES ON THE FILING OF AN APPEAL. COURT PERSONNEL
CANNOT PROVIDE LEGAL ADVICE.