Criminal Appeals Attorney in Syracuse, NY

Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Our appeals attorneys challenge convictions and sentences in the Appellate Division, Fourth Department and the New York Court of Appeals, and file CPL 440 motions and other post-conviction claims. In most criminal cases you have 30 days from sentencing to file a notice of appeal. Call 315-424-8326.

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IN THE NEWS

Appeals Have Deadlines. Yours Is Running.

Melissa K. Swartz — Criminal Appeals Attorney, OCBA 2025 Rising Star

In New York, the window to file a criminal appeal is short, and once it closes it rarely reopens. Melissa Swartz handles appeals and post-conviction cases in state and federal court. She has won reversals in the Appellate Division and argued suppression error at the New York Court of Appeals. She also served as Special Counsel to the People at the Court of Appeals, so she knows how the other side builds its response. Send us your case before the clock runs out.

Trusted in Cases That Matter

Melissa’s post-conviction work has been covered by Dateline, People, the Los Angeles Times and syracuse.com. She prepares every brief as if it is the client’s last chance, because often it is.

-Syracuse.Com

“Kaitlyn Conley, who is in prison for poisoning her boss/former boyfriend’s mom, wins chance to appeal”

- NBC

“Canning will also speak with Conley’s attorney, Melissa Swartz, in Dateline’s new report.”

-Syracuse.Com

“Millville grad LeQuint Allen settles lawsuit with Syracuse, can play football this fall”

- LA Times

“Conviction overturned in 1981 rape of author Alice Sebold”

- People.Com

“Man Imprisoned for 16 Years After ‘Lovely Bones’ Author Wrongfully Accused Him of Rape Will Get $5.5 Million”

Appellate Attorneys Who Have Worked Both Sides of the Appeal

Former prosecutors and a retired appellate justice, now on your side.

An appeal is not a second trial. No new witnesses take the stand. A panel of judges reads the record of what already happened and decides whether the law was followed. Winning depends on finding the errors that matter and explaining them clearly in writing.

Our team knows this work from every angle. Joe Centra argued criminal appeals for the Onondaga County District Attorney’s Law & Appeals Bureau in the Fourth Department and the Court of Appeals. Melissa K. Swartz tried complex cases for the DA’s Office and later served as Special Counsel to the People at the Court of Appeals. Hon. John V. Centra (Ret.) sat on the Appellate Division, Fourth Department, where he took part in more than 10,000 appeals and 50,000 motions.
We use that experience to spot what an appellate court will care about, and what it won’t.

Can I appeal my criminal conviction in New York?

Usually, yes. Anyone convicted in a New York criminal court has a right to appeal the judgment to a higher court (CPL 450.10). The appeal must point to a legal error in the record, such as a bad ruling on evidence, a wrong jury instruction, an unlawful search or an illegal sentence. Disagreeing with the verdict is not enough. A free case review tells you whether your record has issues worth raising.

How long do I have to file a notice of appeal?

In most cases, 30 days from the date you were sentenced (CPL 460.10(1)(a)). The notice is filed with the clerk of the trial court and served on the District Attorney. If the deadline passed because your lawyer failed to file or someone gave you wrong information, CPL 460.30 may allow a late appeal, but only if the motion is made within one year after the 30 days ran out. Don’t wait to find out.

Can I appeal if I pleaded guilty?

Sometimes. Most plea deals include a waiver of the right to appeal, but a waiver does not block every claim. Courts still review whether the plea was knowing and voluntary, whether the sentence is legal, and whether the waiver itself was valid. If you learned facts after the plea that your lawyer never told you, such as immigration consequences, a CPL 440.10 motion may be the right tool.

Can I stay out of jail while my appeal is pending?

Possibly. After you file a notice of appeal, a judge can stay the judgment and release you on bail or your own recognizance while the appeal is decided (CPL 460.50). The court looks at your record, your ties to the community and the strength of the appeal. Ask early, because the stay application can be made as soon as the notice is filed.

What does an appellate attorney actually do?

An appellate attorney orders and reads the full record, finds the legal errors, researches how New York courts have ruled on them, writes the brief and argues the case before a panel of judges. It is different work from trial defense. It is written, detail-driven and built on the record, so who handles your appeal matters.

When we review your record, we look for

Preserved objections the trial judge ruled on wrongly
Evidence that should have been suppressed (unlawful stops, searches, statements)
Jury instructions that misstated the law
Legally insufficient evidence or a verdict against the weight of the evidence (CPL 470.15)
Prosecutor misconduct in summation or discovery (CPL Art. 245 violations)
Ineffective assistance of trial counsel
A plea that was not knowing, intelligent and voluntary
An illegal, harsh or excessive sentence the Appellate Division can reduce “in the interest of justice”

Criminal Appeal Deadlines at a Glance

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Step	Law	Deadline	Where it is filed
Notice of appeal (direct appeal)	CPL 460.10(1)	30 days after sentencing	Clerk of the trial court; served on the DA
Late notice of appeal	CPL 460.30	Within 1 year after the 30 days expire	Appellate court that would hear the appeal
Leave to appeal to the Court of Appeals	CPL 460.10(5), 460.20	30 days after service of the Appellate Division order	Court of Appeals judge or Appellate Division justice
Motion to set aside the verdict	CPL 330.30	After verdict, before sentencing	Trial court
Motion to vacate judgment	CPL 440.10	Generally any time after judgment	Trial court
Motion to set aside sentence	CPL 440.20	Any time after sentencing	Trial court
Coram nobis (ineffective appellate counsel)	Common law	No fixed deadline in most cases	Appellate Division that decided the appeal

Possible outcomes: a conviction reversed, a new trial ordered, charges dismissed, evidence suppressed, a plea vacated, or a sentence reduced.

Types of Criminal Appeals and Post-Conviction Relief in New York

There is more than one way to challenge a conviction. The right tool depends on where the error is and whether it shows up in the record.

Direct appeal after a trial

A direct appeal asks the Appellate Division to review the trial record for legal errors: rulings on evidence, suppression decisions, jury instructions, the sufficiency of the proof and the sentence. It is limited to what is in the record. In Onondaga County felony cases, the appeal goes to the Appellate Division, Fourth Department.

Guilty plea appeals

Even after a plea, the Appellate Division can review whether the plea was voluntary, whether the appeal waiver is valid, and whether the sentence is legal or too harsh. Some issues survive even a valid waiver.

Misdemeanor and town court appeals

Convictions in Syracuse City Court or a town or village court in Onondaga County are appealed to Onondaga County Court, not the Fourth Department (CPL 450.60(3)). The same 30-day notice rule applies. This matters for DWI, petit larceny and other misdemeanor convictions that carry long-term consequences. See our DWI defense and theft and larceny pages for the trial side of those cases.

Post-Conviction Relief: CPL 440 Motions and Coram Nobis

CPL 440.10 motion to vacate the judgment

A 440 motion lets the trial court vacate a conviction for reasons that are outside the record: newly discovered evidence, a hidden Brady violation, ineffective assistance based on facts off the record, or actual innocence. Because it can bring in new facts, it is often how wrongful convictions are undone. The court may decide it on papers or hold a hearing (CPL 440.30).

CPL 440.20 motion to set aside the sentence

If a sentence was unauthorized, illegally imposed or otherwise invalid as a matter of law, a 440.20 motion asks the trial court to fix it

CPL 330.30 motion to set aside the verdict

Filed after the verdict but before sentencing, this motion raises an error in the record that would require reversal on appeal, juror misconduct, or new evidence

Writ of error coram nobis

If your appellate lawyer missed a strong issue or failed to file, a coram nobis petition asks the same Appellate Division to reopen the appeal because of ineffective assistance of appellate counsel

Ineffective assistance of counsel

A conviction can be overturned when the defense lawyer’s work fell below an objective standard and it changed the outcome, or, under New York’s state standard, when the defendant did not receive “meaningful representation”. Depending on whether the proof is in the record, this claim is raised on direct appeal or in a 440.10 motion.

SORA risk-level appeals

A Sex Offender Registration Act level decision can be appealed. A lower risk level changes how long you register and what the public can see. Learn about the underlying charges on our sex crimes defense page.

Article 78 proceedings

Article 78 of the CPLR challenges decisions by government agencies and public colleges, such as parole denials and university discipline rulings. For student cases, see our university discipline and Title IX page.

Federal criminal appeals

Convictions in the Northern District of New York, including the federal court in Syracuse, are appealed to the U.S. Court of Appeals for the Second Circuit. Melissa Swartz is admitted to practice in the Second Circuit. The notice of appeal deadline in federal criminal cases is much shorter: 14 days (Fed. R. App. P. 4(b)). See our federal crimes page for the trial side

Sealing a conviction

If an appeal or 440 motion is not available, sealing may limit who can see your record. New York does not offer general expungement. Learn more on our criminal defense page.

How a Criminal Appeal Moves From Syracuse to the Fourth Department

Here is the path most Central New York appeals follow:

Sentencing

The 30-day clock starts the day the judge imposes sentence.

Notice of appeal.

Filed with the clerk of the court where you were convicted and served on the District Attorney.

Stay and bail (optional)

A CPL 460.50 application to stay the sentence while the appeal is pending.

The record

We order the transcripts of every hearing, the plea or trial, and sentencing, and gather the court file

The brief

We write the appellant’s brief. The DA files a response, and we can reply

Oral argument

In the Fourth Department, a panel of justices hears argument at the courthouse in Rochester.

Decision

The court affirms, reverses, modifies the sentence or orders a new trial or hearing.

Further review

After a loss or a partial win, either side may ask the Court of Appeals in Albany for leave to appeal. Leave is not automatic.

Which court hears your appeal?

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You were convicted in…	Your appeal goes to…
Syracuse City Court	Onondaga County Court
A town or village court in Onondaga County (Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga, Lysander/Baldwinsville)	Onondaga County Court
Onondaga County Court or Supreme Court (felonies)	Appellate Division, Fourth Department
Auburn City Court or a Cayuga County town court	Cayuga County Court
Oswego City Court or an Oswego County town court	Oswego County Court
Cayuga or Oswego County Court (felonies)	Appellate Division, Fourth Department
The Appellate Division (any department)	New York Court of Appeals, by leave only
U.S. District Court, NDNY (Syracuse)	U.S. Court of Appeals, Second Circuit

We handle appeals from anywhere in New York State, not only Central New York. Outside the Fourth Department, the same CPL rules apply in the First, Second and Third Departments.

Direct Appeal vs. 440 Motion vs. Coram Nobis

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	Direct appeal	CPL 440 motion	Coram nobis
What it challenges	Legal errors in the record	Errors that need facts outside the record	Ineffective appellate counsel
Where it is filed	Appellate court	Trial court	Appellate Division
Deadline	30-day notice	Generally none	Generally none
New evidence allowed?	No	Yes	Limited
Typical result	Reversal, new trial, reduced sentence	Vacated conviction or sentence, hearing	Appeal reopened

Appellate and Post-Conviction Results From Our Attorneys

These cases come from our attorneys’ records. Each one turned on a specific legal error or new evidence

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Case	What happened
Anthony Broadwater (wrongful conviction)	Exoneration in the case connected to author Alice Sebold, followed by a $5.5 million settlement
People v. Conley	Conviction reversed and dismissed
People v. Ramsaran	Conviction reversed on a CPL 440.10 motion
People v. Montgomery	Criminal possession of a weapon 2nd degree conviction reversed; indictment dismissed
People v. Robles	Suppression error argued at the New York Court of Appeals
People v. Mayette	Sentence of 140 years to life reduced to 20 years to life
People v. Cohen	SORA risk level reduced from Level III to Level II
LeQuint Allen v. Syracuse University	Article 78 proceeding; student was allowed to return and play football

Prior results do not guarantee a similar outcome

MEET THE TEAM

Your Appeals Team

Your appeal is handled by former prosecutors who know how the People defend a conviction, and by a retired Appellate Division justice who has seen thousands of appeals from the bench. Melissa K. Swartz leads our appellate and post-conviction work.

Melissa K. Swartz

Attorney

Appeals and post-conviction; People v. Montgomery

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division, Fourth Department justice

Joe Centra, Esq.

Attorney

Former ADA, Narcotics Bureau: drug and weapons cases

Steve Cambareri

Partner

Former violent felony trial bureau ADA

Melissa K. Swartz

Attorney

Appeals and post-conviction; People v. Montgomery

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division, Fourth Department justice

Steve Cambareri

Partner

Former violent felony trial bureau ADA

Joe Centra, Esq.

Attorney

Former ADA, Narcotics Bureau: drug and weapons cases

WHY CHOOSE US

Why Hire Our Appeals Attorneys

Former Prosecutors on Your Side

Our attorneys wrote and argued appeals for the People. Now we use that knowledge to challenge convictions.

A Retired Appellate Justice on Staff

Judge Centra sat on the Fourth Department. His experience helps us focus your brief on the issues that matter.

Trial and Appeal Under One Roof

If your appeal wins a new trial, the same firm can try the case.

Free Case Review

Send us your court, charge and sentencing date. We'll tell you what options you have and how much time is left.

AREAS WE SERVE

Criminal Appeals From Syracuse to Every Corner of New York

Syracuse, NY

Office at 300 South State Street, downtown. Appeals from Syracuse City Court and Onondaga County Court.

Onondaga County towns

Appeals from town and village courts in Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville.

Fourth Department

Felony appeals from Cayuga County (Auburn), Oswego County and the rest of the Fourth Department [VERIFY county list]

Statewide & Federal

The New York Court of Appeals in Albany and the Second Circuit.

FAQS

Criminal Appeals FAQs

How long do I have to appeal a criminal conviction in New York?

In most criminal cases, you have 30 days from the date of sentencing to file a notice of appeal. If your lawyer failed to file it or you were misled, a late appeal may still be possible under CPL 460.30, but that motion must be made within one year after the 30 days run out. Call us right away so the deadline doesn’t pass.

How much does a criminal appeals attorney cost?

The cost depends on the length of the record, the number of issues and whether oral argument is needed. A short misdemeanor appeal costs far less than a felony trial appeal with weeks of transcripts. We review your case for free, then give you a clear quote before any work starts. If you cannot afford a lawyer, the court may assign appellate counsel.

Do people usually win criminal appeals?

Most convictions are affirmed, so an appeal is never a sure thing. But appeals do succeed when the record shows a real legal error, like evidence that should have been suppressed or an illegal sentence. Sentence reductions and new trials are also common outcomes short of a full reversal. A careful review of your record is the only honest way to judge your chances.

What are the best grounds for a criminal appeal?

Strong grounds include wrongly admitted or suppressed evidence, wrong jury instructions, legally insufficient proof, prosecutor misconduct, ineffective assistance of counsel and an illegal or excessive sentence. The error usually must have been objected to at trial to be “preserved” for appeal. Errors outside the record, such as new evidence, are raised in a CPL 440.10 motion instead.

How long does a criminal appeal take in New York?

A typical Fourth Department appeal takes about a year or more from the notice of appeal to a decision. Ordering transcripts and writing the brief take the most time. A further appeal to the Court of Appeals adds more months. You may be able to ask for release on bail while the appeal is pending under CPL 460.50.

Can I appeal if I took a plea deal?

Often, yes, but your options may be narrower. Many pleas include an appeal waiver, yet courts still review whether the plea was voluntary, whether the waiver was valid and whether the sentence is legal. If your lawyer never told you about a major consequence, like deportation, a CPL 440.10 motion may let you withdraw the plea.

What is a 440 motion in New York?

A CPL 440.10 motion asks the court that convicted you to vacate the judgment. Unlike an appeal, it can use facts outside the trial record, such as newly discovered evidence, a hidden Brady violation or ineffective assistance by your trial lawyer. A related motion, CPL 440.20, challenges an illegal sentence. These motions are filed in the trial court.

Where is my appeal heard if I was convicted in Syracuse?

Felony convictions from Onondaga County Court or Supreme Court go to the Appellate Division, Fourth Department, in Rochester. Misdemeanor convictions from Syracuse City Court or a town or village court go to Onondaga County Court. After the Appellate Division rules, a further appeal to the Court of Appeals in Albany requires permission.

Do I need a new lawyer for my appeal?

Not always, but it helps. A new appellate attorney reads the record with fresh eyes and can raise claims your trial lawyer cannot, such as ineffective assistance of trial counsel. Appellate work is written, research-heavy and different from trial work. Our team includes former appellate prosecutors and a retired Fourth Department justice.

Can I still do anything if I missed the appeal deadline?

Possibly. A CPL 460.30 motion may allow a late notice of appeal within one year of the missed deadline. Even after that, a CPL 440 motion or a coram nobis petition may still be available, depending on the error. Call 315-424-8326 for a free review of what options are still open.

Reviewed by Melissa K. Swartz, former Onondaga County Assistant District Attorney and Special Counsel to the People at the NY Court of Appeals. Last updated October 2026.

Free, Confidential Appeal Review

Tell us where you were convicted and when you were sentenced. We’ll review your case and tell you how much time is left to act. What you share stays confidential.

Phone Number

315-424-8326

info@yourcriminaldefense.com

Location

300 South State Street 1st Floor, Syracuse, NY 13202

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