Criminal Court
Appealing a Criminal / Quasi-Criminal & Traffic Court Conviction
(sec. 200.33 Uniform Rules, sec. 460.10 and 460.70(1) CPL)
Notice of Appeal | Affidavit of Service | Transcript Request Form
If you believe that a City Court decision/disposition in your criminal or quasi-criminal (traffic infraction or code case) matter was legally incorrect, you may ask to have that determination reviewed by a judge of the Appellate (County) Court following the filing of a Notice of Appeal with the Court (see below steps). However, it is advisable to read the following in its entirety before proceeding with an appeal so that you are aware of the process and requirements to do so.
There is no filing fee for a Criminal or Quasi-Criminal or Traffic Appeal, however there are other costs associated to include obtaining a copy of the transcript of the proceedings and, if you choose, the cost of hiring an attorney to represent you on the appeal. Please know if you were assigned an attorney for the case, they are not automatically assigned on the Appeal but may file the Notice of Appeal on your behalf, and have it served for you if you request it. Additionally, your assigned counsel may also make an application to the County Court for permission to continue to represent you on the appeal should they choose.
For persons experiencing financial hardship, please know you may be entitled to have the costs of the transcripts paid for by the Court and/or for assignment of an attorney for the appeal at no cost to you. To apply for a Fee Waiver, ask the clerk to provide you with the information and application, or you may visit https://www.nycourts.gov/legacyPDFs/courts/6jd/forms/SRForms/ifp_howto.pdf. Once you have completed the Fee Waiver application, you will need to file it with the County Court for their review and approval/denial.
***Note: that your request for a Fee Waiver does not change the thirty (30) day time limit to file the Notice of Appeal with the Court.***
1. Within thirty (30) days from the date of the conviction, you will need to prepare a Notice of Appeal and arrange to have a copy of it served on the prosecuting attorney (this would be either the Chemung County District Attorney’s Office OR the Corporation Counsels Office depending on the case) by mail or personal delivery before filing the Notice of Appeal with the Court. The Notice of Appeal should contain the caption of the case, the docket number (CR-XXXX-XX) associated with that case, and must also include your address in the Notice of Appeal.
2. Following service of the Notice of Appeal, you must file two copies (original and a copy) of the written Notice of Appeal with the City Court that heard and decided the case. Along with it, you must also file a notarized Affidavit of Service with the Court showing how, when and to whom the Notice of Appeal was served.
3. If there was a Court Reporter at trial: If a Court Reporter was present for the trial, you must contact that reporter and request a transcript of the trial. You must advise the Court Reporter that there is an appeal pending, and the reporter is then required to provide you with an estimate of the cost of two (2) copies of the transcripts; one for you and one for the Appellate Court.
Please know the cost of the transcript is solely your responsibility and will require you to correspond and make payment arrangements with the court reporter directly.
If there was no Court Reporter at the trial: If there was no court reporter at the trial, you will need to secure a UCS certified Transcriptionist to have the trial transcribed from the electronic recording. To obtain a listing of available Transcriptionists, you may request a copy from the court clerk or find the listing on the court’s website located at https://www.nycourts.gov/LegacyPDFS/howdoi/vendor-list.pdf. After you have secured a Transcriptionist and agreed to their payment and time constraints, you will need to complete the Transcript Request Form listing the Transcriptionist of your choosing for the Court to send the audio directly to them. (Please note audio cannot be sent to any parties other than UCS certified Transcriptionists).
Please know the cost of the transcript is solely your responsibility and will require you to correspond and make payment arrangements with the Transcriptionist directly. This will include two (2) copies of the transcripts; one for you and one for the Appellate Court. The Transcriptionist may require an advance deposit before starting the Transcript and will require payment of the balance before releasing the transcript.
***Note: If you have been granted a Fee Waiver by the County Court, you must file the Order of the County Court with the City Court to avoid the cost of the Transcript.***
4. After the City Court has received the Transcript(s), you will need to “settle the minutes” and you will receive a letter from the City Court in this regard.
5. Once the minutes are settled, the City Court will file a "Return of Appeal" with the Appellate Court which includes the case file contents along with the certified Transcript of your trial.
6. At that point, the Appeal will then be considered by the Appellate Court. If you wish to file additional documentation with the Appellate Court, you would need to contact the County Court Clerk's office on the procedure for submitting additional documents. Copies of any documents that you provide to the Court should always be provided to the prosecuting attorney.
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 in writing that you will not be proceeding with the appeal. This notice should also be sent to the prosecuting attorney. Of course, you will still be responsible for any costs associated with the appeal including the Transcript that was ordered.
7. After the appeal has been decided by the Appellate Court, a copy of that Decision will be mailed to you at the most recent address on file with the Court.
You may visit the Law Library 203-205 Lake Street,1st Floor, Elmira, NY for additional legal references on the filing of an appeal. More information can be found at: https://ww2.nycourts.gov/LIBRARY/6JD/chemung/index.shtml. Please be advised court personnel cannot provide legal advice.