Q: When can you ask for a conviction to be reversed and dismissed on appeal verses being reversed and remanded?
A: A person has 30 days from sentencing to file a notice of direct appeal. A CPL 440 motion can be brought any time, unless it is barred for some other reason, for Brady violations, ineffective assistance of counsel, newly discovered evidence, among others.
Very few people "win" on appeal. Those few who "win" their appeal, end up getting their case sent back to the trial court to either fix some legal issues or for a new trial. Only a very small fraction get their cases dismissed on appeal due to insufficient evidence.
You can see this for yourself by reading the opinions on your Appellate Division's website.
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