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).