How many appeals do u get on a capital murder charge in new york state?

im doing on debate on capital punishiment and i as much info as i can get

there are two "appeals," one to the appellate division and one to the court of appeals. There are limitless other ways in which to challenge a conviction but only two constitute "appeals."

i think only three.

You don't appeal a charge: you appeal a conviction. New York's appellate system is extremely complex. In criminal cases, if the charge is a felony, the case is tried in the Supreme Court. The appeal from the Supreme Court is, first, to the Appellate Division of the Supreme Court, and even though the case is moving from one branch of the Supreme Court to another, it is a true appeal. From the Appellate Division, one can appeal to the Court of Appeals, which is New York's highest court. HOWEVER, when the jury convicts of capital murder, AND recommends death and the judge sentences the defendant to death, the law skips the appeal to the Appellate Division and the appeal goes straight to the Court of Appeals. This goes back to the 1930s, when New York was the leading state for executions and the desire was to keep the production line moving. The gap from death sentence through appeal to execution was usually less than two months in those days. Even though the process is much more prolonged nowadays, the law still provides that a death sentence is immediately reviewed by the Court of Appeals.

From there, one can appeal to the Supreme Court of the United States, or petition for certiorari. There are subtle differences between appeals and certiorari, though in practical effect they are both "appeals."

However, the US Supreme Court does not have to hear anyone's case (although a true appeal, as opposed to certiorari, is always officially placed on the calendar, most appeals are not truly given a hearing). After that step, the appeals are over.

However again, we say "Never say die." Once the appeals are exhausted, there begins the second part of the dance, with a variety of grounds being used to make motions for new trials. Those motions set off a whole new round of appeals and, as those appeals fail, the defendant can apply to federal court for a writ of habeas corpus to try and set aside the conviction.

When we say that there are two appeals in a death case (to the Court of Appeals and the US Supreme Court) we are speaking technically. Much of the work that capital defenders do is carried out by way of new trial motions and habeas corpus petitions that can go on for decades, and this is before we even touch the clemency process that is handled by the parole system and the governor. These are not, legally, appeals, but they are the process on which much attention has been focused because they delay the execution in almost all cases.