Can I appeal a criminal conviction if I was acquitted?

In New York, you cannot appeal a criminal conviction if you were acquitted. An acquittal is a decision by a jury or a judge that the defendant is not guilty of a crime. The acquittal then terminates the criminal proceeding against the defendant. Since the proceedings have already terminated, there is no longer a case that can be appealed. This is unlike with convictions, where defendants have the right to appeal the conviction. However, that does not mean that you are unable to challenge the acquittal. If you were acquitted, but feel the trial court made legal errors, you can file a motion with the court to vacate the acquittal. This means challenging the decision that you were found not guilty. The court may then consider your motion and decide whether to vacate the acquittal or not. If the motion is granted, a new trial could be ordered. In New York, the right to challenge an acquittal applies to defendants in both criminal and civil cases. If you feel that your acquittal was wrongfully decided, you should speak to an experienced criminal defense attorney who can help you determine your legal options and represent you if you choose to file a motion to vacate.

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Can I appeal a criminal conviction if I was acquitted?

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