New York How to file an Andes brief is a document that must be filed in New York courts when a defense attorney wishes to withdraw from a case, due to a conflict of interest or due to the belief that an appeal would be frivolous. This document must be filed with the court and a copy must be provided to the defendant. The document must explain why the attorney believes an appeal would be frivolous and must include a statement that the defendant has been advised of the right to appeal and the right to retain another attorney. There are two types of New York How to file an Andes brief: one is for the Appellate Division and the other is for the Supreme Court. Both types of documents must include the same information, but the Appellate Division requires additional information.
New York How to file an Anders brief
State:
New York
Control #:
NY-WD-428
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PDF
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How to file an Anders brief
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The principal briefs of appellant and respondent shall not exceed 14,000 words; reply briefs, amicus briefs, and briefs in response to amicus briefs shall not exceed 7,000 words.
What Is an Anders Brief? An Anders brief is a legal document filed by a criminal defense attorney representing a defendant in his appeal of a criminal conviction if he believes that the appeal would be frivolous.
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An Anders brief must state on the cover "Pursuant to Anders v. California, 386 U.S. 738 (1967).Section II details Anders briefs submitted in a jury or bench trial. As with any brief, compliance with Texas Rule of Appellate Procedure 38 is required. See the briefing checklist for a complete list of requirements. When an Anders brief is filed, the appellate court performs a full review of the record to discover if any debatable issues exist. Use Fill to complete blank online US COURTS pdf forms for free. Once completed you can sign your fillable form or send for signing. An appointed attorney who believes that an appeal in a criminal case is frivolous must comply with all legal requirements before filing an Anders brief. However, the appellate court is to conduct its full and independent review even if the indigent elects not to file a pro se brief.