If the appeal is in the Second Department, you might get a calendar date this spring. I can't say whether the First Department is significantly different. I am still waiting for a 2d Dep't date on an appeal fully submitted last summer.
In general appeals take quite a while. I once researched this in New Jersey and learned that statistically speaking an appeal takes about 13 months, on average. New York may be similar.
Its a nightmare; especially in the 2nd Department. Recently I saw a case in the 2nd Department take over three years so the defendant finished his 3 year sentence AND THEN the conviction was reversed by the Second Department. He was eventually released from post release supervision but he nonetheless did three full years upstate and two years of post release supervision before the conviction was overturned. We need another department so appeals are decided quickly enough to be meaningful.
Cory Ross DalmataLitigation LawyerSchenectady, NY ·
What did you file in the summer? Was it a notice of appeal, the record, or the perfected appeal with brief, was it an appeal of a Supreme Court decision to an appellate division or a lower court? As everyone indicated the times can vary depending on what and where you are appealing. Even with all the information it is difficult to determine how long it will take, but first it may be important to determine that everything was done properly.