NCJ Number
89211
Date Published
1982
Length
202 pages
Annotation
New York's appellate court system needs to change to give the Court of Appeals control of its own docket and to require application to the Court of Appeals and not to an individual judge or justice for permission to appeal in criminal cases.
Abstract
Although the appellate courts have been performing fairly effectively, sharp increases in their workloads have imposed problems on the system to the point where the quality of appellate review could suffer. New York has an appellate system which may be the most complex of any State in the Nation. Although the lowest level of reviewing courts has had a manageable caseload, the Appellate Division and the Court of Appeals are carrying excessive burdens. Due to the lax standards for appealing as a matter of right, successive appeals are prosecuted too frequently. Other problems are the insufficient criteria for seeking leave to appeal in criminal and civil cases, and the proliferation of motions at the appellate level. The Court of Appeals should consider clarifying the standards to be applied in granting leave to appeal and the rule requiring finality for an appeal to the Court of Appeals. A fifth judicial department consisting of the 9th and 10th judicial districts should also be created. The appellate justices in the State should hold regular annual meetings as well. Data tables, 76 references, and extensive appendixes presenting the study instrument and additional data tables are included.