Appellate and Post-Conviction Litigation

Mr. Lana has significant experience in appellate and post-conviction litigation. In U.S. v. Boyd, 407 Fed.Appx. 559 (2nd Circuit 2011), the United States Court of Appeals for the Second Circuit ordered that his client’s guilty plea in U.S. District Court to Copyright Infringement be vacated and remanded to the District Court. The basis of this determination was Mr. Lana’s argument that the Copyright Infringement count in a complex indictment was actually barred by the Statute of Limitations. The Circuit Court unanimously agreed and, ultimately, Mr. Boyd’s sentence was reduced accordingly.

In People v. Atchison, 111 A.D.3d 1319 (4th Dept. 2013), the Appellate Division, Fourth Department, found that the sentence imposed after a trial in a weapon possession case was harsh and excessive and reduced it by one-third. The propriety of Mr. Atchison’s trial verdict is currently under review in U.S. District Court.

If you or a loved one have been convicted of a crime, whether after a trial or a plea of guilty, and you feel the outcome was unjust, there may still be hope. Mr. Lana and his paralegal, Kevin Muscoreil, have decades of experience reviewing convictions for errors that may result in reversal or modification of judgment. Post-conviction litigation requires review of every step of the proceeding to ascertain whether your rights have been protected throughout the prosecution.

As has happened in countless cases, an error in the proceedings went unnoticed because a defendant never engaged counsel to review the final judgment of conviction. Even a seemingly minor conviction like DWI—that can under new regulations impact your driving privileges for the rest of your life—can be the result of an error that, if addressed, can restore a clean record. Likewise, Mr. Lana and his staff have successfully identified errors in the most serious murder cases, some over a decade old, resulting in a new trial.

Mr. Lana and his staff also have considerable experience dealing with parole issues. If a loved one is scheduled to appear before a Parole Board, we can provide comprehensive representation throughout the proceeding. We can help prepare for an upcoming Parole Board appearance and provide a written memorandum advocating for release. Normally, the Parole Board only has before them a written Status Report and Presentence Memorandum prepared by the Division of Parole and the Department of Probation. We can help direct the Board’s focus on positive factors that warrant release to parole supervision, thereby increasing the chance of release. Likewise, if parole release is denied, we have extensive experience in appealing Parole Board decisions, including, if necessary, taking the matter to the New York Supreme Court.

Schedule a free consultation to discuss your options and Mr. Lana’s track record of success.