Staff Attorney – Appeals and Post Conviction Unit

The Legal Aid Bureau of Buffalo, Inc. is seeking a Staff Attorney to assist in investigating and filing post-conviction motions (CPL §§ 440.10, 440.20, 440.30, 440.47) and perform a variety of appellate activities in criminal appeals on behalf of indigent appellants, as assigned by the courts, convicted in various counties in Western New York.

This staff attorney position primarily involves post-conviction motions (CPL §§ 440.10, 440.20, ). The staff attorney is expected to investigate post-conviction cases, speak with witnesses, obtain necessary documentation for a possible motion, draft and research and motion, and, if appropriate, file and litigate the motion in the proper court. In the event that a motion is denied, the staff attorney must investigate to see if any collateral litigation is appropriate and file a leave application to the appropriate court.

Should leave be granted following the denial, the staff attorney must file the appeal from the denial, perfect the appeal, and argue the case before the Appellate Division, Fourth Judicial Department. This position may also involve collateral litigation including, but not limited to CPLR Article 78 petitions, habeas corpus petitions, and § 1983 proceedings.

The staff attorney may be called upon to handle direct appeals. Staff attorneys are responsible for handling every aspect of the appeals that are assigned to them, upon receipt of the file through the outcome of the case in the appellate court, and, as necessary, the outcome of any leave application filed with the Court of Appeals (the state’s highest court).

In the event that an application for leave is granted by the Court of Appeals, handling the appeal in the Court of Appeals.

Why Join Us?

• Desirable Work-Life Balance: Enjoy a typically 40-hour work week, allowing you to balance your professional and personal life effectively.
• Competitive Pay: Earn a salary ranging from $81,000 to $119,000, commensurate with your experience.
• Medical, dental, and vision benefits for you and your dependents.
• Generous vacation, personal, and sick time.
• Paid parenthood leave plan
• Long-term disability insurance, short-term disability insurance, supplemental term life insurance, and other voluntary insurance offerings
• Parking expense reimbursement plan, transit plan, and a flexible spending account.
• Union Position: Be part of a supportive collective bargaining environment.
• Public Service Student Loan Forgiveness: Eligible for the Federal Public Service Loan Forgiveness Program and the New York State Higher Education Services Corporation Loan Forgiveness Program.

Key Responsibilities:

• Investigates post-conviction motions on behalf of clients.
• Interviews witnesses and clients and obtains sworn statements where necessary.
• Gathers documents necessary to investigate and support post-conviction motions.
• Researches and locates appropriate case law to include in motions.
• Files CPL §§ 440.10, 440.20, 440.30, and 440.47 motions.
• Argues post-conviction motions in court.
• Responds to any opposition papers from the People.
• Files applications for leave to appeal to the Appellate Division, Fourth Department, and the New York Court of Appeals.
• Files any other collateral litigation where appropriate, including, but not limited to CPLR Article 78 petitions, habeas corpus petitions, and § 1983 proceedings.
• Reads transcripts of case.
• Takes notes from transcripts and prepares a transcript summary for use in drafting appeal.
• Discerns legal issues from the transcript and/or client questionnaire and necessary researching of law.
• Researches possible legal issues; chooses appropriate issues for brief and discards issues that are nonmeritorious or less than meritorious, keeping in mind the obligation to provide “meaningful representation” as that term has been defined by the Court of Appeals.
• Drafts the necessary briefs, including but not limited to appellant’s principal and reply briefs in criminal and Family Court appeals. Where the Bureau represents the defendant on a People’s appeal, drafts the responding brief.
• Corresponds with the client, and where the client is incarcerated, either visits client at…