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New York

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for a new trial, to vacate the judgment, or to set aside the sentence based on legal errors in the proceedings or new evidence. In certain situations, the prosecutor may also ask the court to set aside the sentence.
  • Victims can receive information about post-trial motions from the District Attorney’s Office that prosecuted the case.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The District Attorney’s Office that prosecuted the case represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s Office that prosecuted the case.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The District Attorney’s Office that prosecuted the case represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the District Attorney’s Office that prosecuted the case.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under New York law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Solicitor General Division of the New York State Attorney General’s Office represents the State in federal habeas corpus proceedings. For assistance with federal habeas corpus information, victims can contact the New York Office of Victim Services by phone at 1-800-247-8035 or online. 

Early Release Programs

These programs can include parole, “shock” incarceration, medical parole, temporary release, release for deportation, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in New York, including parole, participation in ‘shock” incarceration, medical parole, temporary release, release for deportation, or earning “credits” for good behavior or participation in vocational or educational programs in prison.
  • For notification of parole and early release programs, victims must register with the New York Department of Corrections and Community Supervision’s (DOCCS) Office of Victim Assistance (OVA) by completing a Request for Notification Form. For additional assistance with notifications and statements to the parole board, victims can contact the OVA office by phone at 1-800-783-6059 or by email. Victims can track the status of an incarcerated person and receive automated notifications by registering with New York’s Victim Information and Notification Everyday (VINE) online or by calling 1-888-846-346.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • People who have been convicted of crimes may ask the state-wide Conviction Review Bureau in the Attorney General’s Office to reconsider their case if they believe they were wrongly convicted. Certain district attorneys’ offices within New York have also established their own conviction review units, including those in Brooklyn, Westchester, and Queens.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under New York law. The Executive Clemency Bureau supports the governor in this work. In New York, clemency typically takes one of three forms: a pardon (which forgives a conviction), a youth pardon (which is a pardon for certain individuals convicted of nonviolent offenses when they were minors), or a commutation (which shortens a person’s sentence).
  • Victims wishing to have input into the clemency process should contact the Office of Victim Assistance (OVA)  for more information. OVA may be reached by phone at 518-445-6161 (or toll-free at 1-800-783-6059) or by email. Victims can register for notifications through the New York Department of Corrections and Community Supervision’s (DOCCS) Office of Victim Assistance (OVA) by completing a Request for Notification Form.

Victims Rights
Post-Conviction

In New York, victims have the right to:
  • Freedom from discrimination, intimidation, threat, and harassment
  • Attend court proceedings, including oral arguments and post-conviction hearings
  • Notification of an incarcerated individual’s release, discharge, escape, or death*
  • Be heard at parole proceedings
  • Request restitution and apply for victim’s compensation
  • Prompt return of property when it is no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the New York Victim Compensation Program reimburses victims for expenses related to the crime, such as medical expenses, lost wages, or funeral costs.
  • Victims may request information about court-ordered restitution by calling the Department of Corrections and Community Supervision’s (DOCCS) Office of Victim Assistance (OVA) by phone at 1-800-783-6059. Victims can find more information about the New York Victim Compensation Program through the online application guide or by contacting the New York Office of Victim Services by phone at 1-800-247-8035. Compensation applications must be filed within one year of the crime.
Click here to learn more about the post-conviction process and victims’ rights in New York

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