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Federal court guide · N.D.N.Y.

Federal cases in the Northern District of New York

The U.S. District Court for the Northern District of New York is the federal trial court for 32 counties in upstate New York, including Albany, Onondaga, Oneida, Broome and Clinton counties (28 U.S.C. § 112(a)). Its offices are in Albany, Syracuse, Utica, Binghamton and Plattsburgh. Here is where the court sits, who prosecutes and defends cases there, and its local sentencing rules.

We handle federal cases nationwide.

Where does the court sit?

The district has no divisions set by statute. By law, court is held at Albany, Auburn, Binghamton, Malone, Plattsburgh, Syracuse, Utica and Watertown (28 U.S.C. § 112(a)). The court's site lists these locations:

The court's site lists no office in Auburn, Malone or Watertown. The charging papers and the docket show where a case is pending.

United States District Court for the Northern District of New York

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Second Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Our Second Circuit appeals guide covers deadlines and the court’s own rules for criminal appeals.

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the Northern District of New York, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Office of the Federal Public Defender for the Northern District of New York, a Federal Public Defender office with offices in Albany and Syracuse, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

Local Criminal Rule 32.1 says the court uses a uniform presentence order. It sets the date the report will be available, the deadlines for objections and for sentencing memoranda and motions, and the sentencing date. Objections go straight to the probation office and are not filed on the docket. The probation officer's recommendation is not shared with the parties, though the judge may allow the proposed supervision conditions to be shared. Letters supporting the defendant must be filed at least 7 days before sentencing (Criminal L.R. 32.3).

“All letters in support with regard to the Defendant's character must be electronically filed in CM/ECF no later than seven (7) days prior to the sentencing date to be considered by the Court”

Is Brandon Sample admitted in this court?

Yes. Brandon Sample is admitted to practice before the U.S. District Court for the Northern District of New York. He has also handled federal cases in courts across the country.

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (bop.gov lists their judicial district as Northern New York):

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What should you know about a federal case in this district?

How a federal criminal case works →

More questions about federal cases →

Questions about the Northern District of New York

Where does the Northern District of New York hold court?

Federal law lists Albany, Auburn, Binghamton, Malone, Plattsburgh, Syracuse, Utica and Watertown as places of holding court for the district's 32 counties (28 U.S.C. § 112(a)). The court's site lists offices in Albany, Syracuse, Utica, Binghamton and Plattsburgh.

When are support letters due before sentencing in this court?

At least 7 days before sentencing. Criminal L.R. 32.3 says letters about the defendant's character must be filed electronically no later than 7 days before the sentencing date to be considered, unless good cause is shown for a later filing.

Can the defense lawyer attend the presentence interview?

Yes, on request. Under Criminal L.R. 32.1(b) and Fed. R. Crim. P. 32(c)(2), defense counsel is entitled to notice and a reasonable chance to attend the probation officer's interview of the defendant. The local rule requires counsel to tell the probation office within 2 days after the report is ordered that counsel wants to attend.

Who represents people here who can't afford a lawyer?

The court can appoint a lawyer (18 U.S.C. § 3006A). In this district, appointed lawyers come from the Office of the Federal Public Defender, which has offices in Albany and Syracuse, or from a panel of private lawyers the court approves.

Where do appeals from this court go?

To the U.S. Court of Appeals for the Second Circuit (28 U.S.C. §§ 41, 1294(1)). A defendant's notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).

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