Summary of Procedure to File a Criminal Appeal in County Court
NOTE: Appellant = person filing an appeal
1. Appellant must file a Notice of Appeal, in duplicate, with the justice of the town or village court within 30 days from the date of sentence. Copies of the Notice of Appeal shall be filed by the appellant with the County Clerk and the District Attorney.
2. (A. or B. will apply)
A. If proceedings were recorded by a stenographer, two copies of the transcript shall be prepared and settled. Within 10 days of filing of the transcripts, the justice shall file with the County Court clerk the Notice of Appeal, transcript of proceedings, copy of accusatory instrument, and any decision on pretrial motions, and shall notify the appellant and the District Attorney.
B. If proceedings were not recorded by a stenographer, appellant must file with the town or village court an affidavit of errors (notarized statement setting forth alleged errors or defects in the proceedings which are the subjects of the appeal) within 30 days after Notice of Appeal is filed. Appellant must serve affidavit of errors on the District Attorney within three days. Within 10 days thereafter, the town or village justice must file the affidavit of errors and the court's return with the clerk of County Court and serve a copy of the return on the appellant and the District Attorney.
3. Appellant serves on the D.A. a copy of his brief (written summary of legal grounds or reasons for reversing or modifying the judgment or sentence) and a notice of argument, which gives notice of the date and time the appeal will be argued before the County Court (contact Ms. Rita Decker at 535-7015 for a return date and time for the court appearance). These two documents, along with proof of service on the D.A., are to be filed within 20 days after local court's return is filed and at least 14 days before the date set for argument.
If the District Attorney wishes to file a reply brief, it shall be served on the appellant and filed with proof of service within 12 days after receipt of appellant's brief.
4. All parties should appear prepared to argue the appeal on the return date. If you do not appear, the appeal will be decided on the return, the briefs submitted, and the oral argument of any party who does appear.
If appellant does not comply with the rules set forth, the court may dismiss the appeal.
5. Service can be made in person or by mail, or by leaving the notice or other papers with the person in charge of the attorney's office.
The steps listed above are meant to guide you through your appeal to Schuyler County Court. If you have further questions, you may call the court clerk at 535-7760.