Benjamin Goldman Law Office Wins Another Appeal in Steuben County Court — Wayland Town Court Conviction Vacated.

Our client had been convicted in the Wayland Town Court (Steuben County). We filed a timely appeal to the Steuben County Court. After the Wayland Town Court received an Order from the County Court on October 21, 2025, directing it to file and serve the Court Return required to perfect the appeal within twenty days — and still filed nothing — our attorney took action.

Attorney Codruta Antonovici filed a Motion to Dismiss Pursuant to CPL §460.10(3)(e), dated December 17, 2025, arguing that the Wayland Town Court's failure to comply with both the Criminal Procedure Law and the County Court's own directive had effectively locked our client out of the appeal through no fault of their own. The People filed no opposition. The Wayland Town Court filed no opposition. On June 1, 2026, Judge McCarthy granted the motion and vacated the conviction.

Steuben County Court Vacates Conviction After Wayland Town Court Again Ignores a Directed Order to File the Appeal Return

Relying on People v. Feldes, 73 NY2d 661 (1989), Judge McCarthy held that the County Court has discretion to fashion an appropriate remedy when a lower court's non-compliance with the Criminal Procedure Law prevents a defendant from pursuing an appeal. The County Court had already given the Wayland Town Court a direct order — filed October 21, 2025 — requiring compliance within twenty days. There was no record of the Wayland Town Court having complied. With no opposition from the People and no response from the lower court, Judge McCarthy found vacatur of the conviction to be the appropriate remedy and granted the motion in full.

This is not the first time the Benjamin Goldman Law Office has obtained this result in Steuben County. In a prior set of appeals decided in May 2026, Attorney Antonovici filed the same motion for two other clients who had been convicted in the Wayland Town Court, and the Steuben County Court granted the same relief — vacating both convictions under the same authority. This case was proceeding in parallel and was decided less than a month later.

Key Facts (At a Glance)

• Appellate court: County Court of New York, Steuben County
• Judge: Hon. Mathew K. McCarthy, County Court Judge
• Lower court: Wayland Town Court, Steuben County
• Defense attorney: Codruta Antonovici, Esq.
• Defense motion: Motion to Dismiss Pursuant to CPL §460.10(3)(e), December 17, 2025
• Directing order: October 21, 2025 — County Court ordered Wayland Town Court to file and serve the Return within twenty days
• Grounds: Wayland Town Court failed to file and serve the Court Return required to perfect the appeal under CPL §460.10, and did not comply with the County Court Order directing it to do so
• Key authority: People v. Feldes, 73 NY2d 661 (1989)
• Case index: Steuben County Court No. 2025-0116CV; Wayland Case No. 24060107
• Prosecution response: None — People did not oppose
• Decision date: June 1, 2026 — motion granted; conviction vacated
• Order: Read the Steuben County Court Order

Lesson of the Day

Losing a trial in justice court is not the end of the story. This case is the fourth confirmed Steuben County appellate win for the Benjamin Goldman Law Office — and the third involving Wayland Town Court and the same CPL §460.10 Court Return failure. When a lower court fails to follow the Criminal Procedure Law and then fails to comply with a direct court order requiring it to do so, an experienced appellate attorney will recognize the opening and move quickly. In our experience, the county court — not the justice court — is where the most powerful remedies live. A conviction that cannot be appealed because the lower court refuses to cooperate is not a conviction that should stand. Judge McCarthy agreed.

Benjamin Goldman Law Office

Attorney Codruta Antonovici has now obtained this exact remedy — vacation of a Wayland Town Court conviction under CPL §460.10(3)(e) — multiple times before the same judge. That is not a coincidence; it is the result of knowing the law, knowing the court, and being willing to push the procedural arguments that other firms overlook. The Benjamin Goldman Law Office has won every appeal it has filed in Steuben County. We do not stop fighting when the plea offer is inadequate, and we do not stop fighting after the trial.

If you were convicted in a Steuben County justice court and are not satisfied with the result, contact us. We will give you a direct assessment of whether your case supports a viable appeal — and if it does, we know exactly what to file.

Fight your Ticket CALL NOW FIGHT YOUR TICKET NOW