How can I address the court's failure to honor a 440.20 motion and my Sixth Amendment rights in NY?

Question

I was incarcerated and filed a successful motion under 440.20, but the lower court did not respect the high court's decision, and I was left in jail. I later filed an appeal with new evidence, and the Court of Appeals ruled in my favor, directing the lower court to bring me back down and put me on the calendar. However, they never did. Despite receiving the response by April 26th after filing new evidence against the people and their attorney, the court has not overturned the case as it should have done based on the successful decision. Additionally, I have been deprived of sufficient legal counsel, violating my Sixth Amendment rights. What steps can I take next to address this issue?

Charles Holster · Answer

In order to answer your question, I would have to review the ENTIRE file for your case, from day one until the present.  If you are interested in retaining me for that purpose, please have someone assemble the COMPLETE file  and bring it to my office. Once I see how large the file is, I will be able to give you an estimate of how long it will take me to review it, and what my fee would be to review it and then give you my opinion.

James L. Arrasmith · Answer

Your frustration with this situation is completely understandable. When higher courts issue directives that lower courts fail to implement, it creates a serious justice gap that leaves you in limbo despite having valid legal claims. 
 
Given these circumstances, you might consider filing a writ of mandamus, which is a legal order compelling a government official or court to properly perform their official duties. Additionally, reaching out to the Appellate Division that issued the favorable ruling to inform them of the lower court's non-compliance could prompt action. You might also benefit from contacting organizations like the New York Civil Liberties Union or a legal aid society that handles post-conviction matters, as they may offer guidance or representation. 
 
Documentation is crucial throughout this process - maintain copies of all court orders, correspondence, and records of attempts to have your case calendared. If your Sixth Amendment right to counsel has been violated, this should be explicitly included in any new filings. Remember that while this situation is deeply frustrating, persistence through proper legal channels often yields results, even if the process moves slower than it should.

Q: How can I address the court's failure to honor a 440.20 motion and my Sixth Amendment rights in NY?