NCJ Number
112912
Date Published
1982
Length
25 pages
Annotation
This paper instructs New York State prosecutors in appellate law and procedures as well as appropriate prosecutorial responses to and preparation for appeals.
Abstract
After descriptions of the source and nature of appeals procedures in New York State, practice pointers are provided for prosecutors in dealing with appeals. Prosecutors are advised that when appeals records arrive in their offices, their contents should be checked against both appellant's briefs and prosecutors' files to ensure that all relevant papers and transcripts have been included. The prosecutor should prepare a written summary of trial proceedings to ensure mastery of the record. The opponent's case should be read before prosecutors begin their own independent legal research. Sources and steps for legal research are suggested, followed by advice for the format and preparation of the brief. The preparation of argument is then discussed, and the prosecutor is advised to practice the argument in front of others to highlight the strengths and weaknesses of the argument's merits and the prosecutor's oral advocacy. A schedule for the day of the appellate hearing is suggested, followed by a review of postappeal procedures.