Appeal Statistics

In 2013, approximately 54% of the decided civil appeals in the Appellate Division, First Department, resulted in an “affirmance,” meaning that the appeal was not successful and the order or judgment that was appealed from was not changed by the Appellate Division in any way. The other 46% of the decided civil appeals were successful to some extent in that the order or judgment was changed completely or partially.

Statistically, the success rate for criminal appeals is lower. For example, in 2013, approximately 70% of the decided criminal appeals in the First Department resulted in affirmances. The other 30% resulted in a complete, or at least partial, change in the order or judgment appealed from, which was favorable to the appellant.  The case was “reversed” and “dismissed;” reversed and remanded for a new trial; or there was some other “modification,” such as a reduction of the sentence or a dismissal of some but not all of the charges.

Such statistics do not indicate the probability of success in your appeal.  As is true when any decision is being considered, the cost must be weighed against the potential benefit.