What is the difference between an appeal and a motion to reconsider?

The difference between an appeal and a motion to reconsider is an important distinction to understand in criminal appeal law in New York. An appeal is the process to challenge the decision rendered by the lower court. On appeal, the higher court looks at the legal argument and evidence provided by both sides, as well as any mistakes that may have been made by the lower court. An appeal is an opportunity to re-argue the case and have the decision made by the higher court. A motion to reconsider, on the other hand, does not involve another court. It is an application for the same court that issued the original decision to reconsider its ruling. It is requested when the court has made an error in applying the law or that there are newly discovered facts which may have influenced the outcome of the original decision. If the court agrees, they may modify their decision. If not, the court may reaffirm their earlier decision. In summary, when appealing a criminal conviction in New York, it is important to understand the distinction between an appeal and a motion to reconsider. An appeal is when a court reviews and makes a new decision on the case, while a motion to reconsider is when a court re-examines their own earlier decision.

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What is the difference between an appeal and a motion to reconsider?

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