Veteran New York Criminal Appeals Lawyer
Herman Kaufman has been handling New York state and federal criminal appeals since 1968. After nearly four decades of successful practice he realizes that the record of the trial proceedings is the "bible" and that to win he must correctly scrutinize the trial record, choose the right issues for appeal and argue them persuasively through the use of the appropriate motions to the appellate court.
Typical grounds for a criminal appeal include:
Search and seizure
Did the trial court improperly admit evidence that the prosecution obtained in violation of the Constitution?
Rules of evidence
Did the trial court admit evidence that was inadmissible under the rules of evidence?
Withholding of evidence
Did the prosecution withhold exculpatory evidence (evidence, which, if heard by a jury could well have led to an acquittal) to which the defense was entitled?
Substantive law
In explaining the law to the jury, did the trial judge make a mistake that could have led the jury to find the accused guilty without proof beyond a reasonable doubt regarding every element of the crime?
Sentencing
Did the trial court impose a sentence, either excessive or which violates federal sentencing guidelines?
Prosecutorial misconduct
Did improper comments by the prosecution unfairly affect the trial?
We appeal convictions for crimes such as assault, robbery, drugs, burglary, murder, drug conspiracies, white collar crimes, corporate "pump and dump" schemes with initial public offerings (IPOs), and racketeering.
Appellate Procedure
It is a matter of course that an appellate attorney must know trial procedure inside and out, since the big question on appeal is whether the trial judge followed correct procedure. But intimate knowledge of appellate procedure is also crucial. Missing a deadline, for example, may doom the appeal, and the four departments of New York's Appellate Division and the federal appeals court all have different rules.
At our firm, we are diligent in following the correct procedure so that your case is not jeopardized by a technicality.
Post-Conviction Proceedings
Some challenges to a conviction, such as a claim of ineffective assistance by counsel cannot be made on appeal because the facts are not within the trial record ( the "bible") as a result such issues can be accommodated only by post conviction and Habeas Corpus. If you think your trial lawyer was ineffective, we will evaluate your claim and represent you in the post-conviction trial court proceedings.
If you have been convicted of a crime in state or federal court, or if you are an attorney whose client has been convicted, you may have grounds for appeal. Contact seasoned appellate attorney Herman Kaufman at 877-964-1115 for a consultation.
Herman Kaufman, Esq.
P.O. Box 242
Portchester, NY 10573
111 John Street
New York, New York 10038
Tel: 877-964-1115
Fax: 772-325-7670
E-mail
