Southern District of New York Federal Court: A Family Guide

The Southern District of New York covers Manhattan, the Bronx, and six counties north of the city. Brooklyn, Queens and Staten Island are in a different court, the Eastern District of New York. Here is where the court sits, who prosecutes and defends cases there, and where its rules are published.

We handle federal cases nationwide.

Where does the court sit?

The district covers Bronx, Dutchess, New York (Manhattan), Orange, Putnam, Rockland, Sullivan and Westchester counties (28 U.S.C. § 112(b)). The court's site lists these courthouses:

Manhattan
Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, and Thurgood Marshall U.S. Courthouse, 40 Foley Square.
White Plains
Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street. Criminal cases from the northern counties are usually assigned here.
Poughkeepsie
U.S. Courthouse, 355 Main Street.

Under the court's Rules for the Division of Business (Rule 18), a criminal case is assigned to White Plains if the crime allegedly happened in whole or mostly in Dutchess, Orange, Putnam, Rockland, Sullivan or Westchester County.

United States District Court for the Southern 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).

Who prosecutes and who defends?

Federal prosecutors here work for the U.S. Attorney's Office for the Southern 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 Federal Defenders of New York, a Community Defender organization, an independent nonprofit that serves the Southern and Eastern Districts of New York, 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.

The joint local rules of the Southern and Eastern Districts have no separate presentence report rule. The federal rule applies: the report goes to the defense at least 35 days before sentencing, and objections are due within 14 days (Fed. R. Crim. P. 32(e)(2), (f)). Each judge also posts Individual Rules and Practices in Criminal Cases on the court's site.

Is Brandon Sample admitted in this court?

Yes. Brandon Sample is admitted to practice before the U.S. District Court for the Southern 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 facility in this district (bop.gov lists its judicial district as Southern New York):

FCI Otisville
Medium security, with a satellite camp. Otisville, Orange County, New York.

MCC New York in Manhattan does not appear on bop.gov's current list of BOP locations. MDC Brooklyn is in the Eastern District of 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 families should know about federal cases in this district

The first hearing comes fast. After an arrest, the person goes before a magistrate judge without unnecessary delay for an initial appearance (Fed. R. Crim. P. 5(a)). The judge decides whether they stay in custody while the case goes on (18 U.S.C. § 3142).
Most felony cases start with an indictment. A grand jury decides in private whether to approve the charges (Fed. R. Crim. P. 6, 7).
The presentence report matters. A federal probation officer writes a report on the offense and the person’s life before sentencing, and the defense can object to mistakes in it (Fed. R. Crim. P. 32(c)–(f)). Check this court’s schedule above.
The judge decides the sentence. The judge must consider the Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a), including the person’s history and background. Families can write letters; there is no limit on the background information a judge may consider (18 U.S.C. § 3661).
The appeal clock is short. 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)).
Prison phones and email are monitored. Don’t discuss the case on them (28 C.F.R. § 540.102).

Questions about the Southern District of New York

Is a federal case in Brooklyn or Queens in the Southern District?

No. Kings (Brooklyn), Queens, Richmond (Staten Island), Nassau and Suffolk counties are in the Eastern District of New York (28 U.S.C. § 112(c)). The Southern District covers Manhattan, the Bronx, and Dutchess, Orange, Putnam, Rockland, Sullivan and Westchester counties (28 U.S.C. § 112(b)).

Who prosecutes federal cases in the Southern District of New York?

The U.S. Attorney's Office for the Southern District of New York (justice.gov/usao-sdny), part of the U.S. Department of Justice.

What if my loved one can't afford a lawyer?

The court can appoint one (18 U.S.C. § 3006A). In this district, appointed lawyers come from Federal Defenders of New York 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)).

Sources

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Federal cases in the Southern District of New York