Deadlines After A Conviction
CPL § 460.10 — thirty days after sentence to file a notice of appeal
Thirty days. A party appealing from a judgment or sentence files a written notice of appeal, in duplicate, with the clerk of the criminal court in which the sentence was imposed, within thirty days after the sentence is imposed. A defendant who appeals serves a copy on the district attorney within the same thirty days.
A local criminal court without a stenographer. Where the proceedings were not recorded by a court stenographer, the appellant files either an affidavit of errors or a notice of appeal with that court within thirty days after the judgment or sentence is entered or imposed.
The next court. An appeal to the court of appeals from an order of an intermediate appellate court starts with an application for a certificate granting leave to appeal, made within thirty days after a copy of the order is served on the appellant.
A late appeal, up to one year. Where a defendant did not file in time because of improper conduct of a public servant, improper conduct, death or disability of the defendant's attorney, or because incarceration kept the defendant and the attorney from communicating about an appeal before the time ran out, through no lack of due diligence or fault, the appellate court may extend the time to a date not more than thirty days after it decides the motion. The motion is made with due diligence after the time has expired, and in any case not more than one year after it.
After judgment, at any time. A motion to vacate the judgment on the grounds the section lists may be made at any time after entry of the judgment, and so may a motion to set aside a sentence as unauthorized, illegally imposed or otherwise invalid as a matter of law. The grounds, and the bars on raising them, have their own page.
Perfecting an appeal after it is taken, assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed New York attorney.
Sources for this section (4)
- CPL § 460.10 — Appeal; how taken
- CPL § 460.30 — Extension of time for taking appeal
- CPL § 440.10 — Motion to vacate judgment
- CPL § 440.20 — Motion to set aside sentence; by defendant
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.