Appeals

A SAMPLING OF “APPEALS” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE

APPEALS issues in this database cover a broad range of categories and areas including (but not limited to):

Criminal Appeals

Preservation of Error;

Harmless Error;

Reversible Error;

Interest of Justice Jurisdiction (unpreserved errors);

Weight of the Evidence Review (no need to preserve);

Legally Sufficient Evidence Review (must preserve, burden of proof);

Ineffective Assistance;

Prosecutorial Misconduct;

Right to Counsel;

Mode of Proceedings Errors;

Excessive Judicial Involvement in the Trial;

Waiver of Appeal (sufficiency of inquiry by the court);

Plea Allocutions (sufficiency of inquiry by the court):

Questions of Law (Court of Appeals);

Mixed Questions of Law and Fact (Court of Appeals);

Insufficient Record (holding appeal in abeyance, sending the case back for a reconstruction hearing or to otherwise flesh out the record);

Bench Trials (review criteria);

Civil Appeals

Preservation of Error;

Consideration of Issues Not Raised Below (“first time” issues);

Weight of the Evidence Review;

Sufficiency of the Evidence Review (burden of proof);

Administrative Law (review criteria, sufficiency of the evidence, limited role of appellate court);

Arbitration (review criteria, limited role of appellate court);

Right to Counsel (Family Court);

Appealable versus Non-Appealable Orders (non-final orders, evidentiary rulings, ex parte orders, orders by which a party is not aggrieved, consent orders, orders issued upon default, are generally not appealable, etc.);

Bench Trials (Review Criteria).