Benjamin Goldman Law Office Sixth Straight Appeal in Steuben County Court — Wayland Town Court Conviction Vacated.

Our client had been convicted of speeding in the Wayland Town Court. We filed a timely appeal to the Steuben County Court, which serves as the appellate court for appeals from Steuben County justice courts. 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), 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. On June 1, 2026, Judge McCarthy granted the motion and vacated the conviction.

Steuben County Court Vacates Conviction After Wayland Town Court Does not Comply with Order to File a Court 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.

Key Facts (At a Glance)

• Appellate court: County Court of New York, Steuben County
• County CourtJudge: Hon. Mathew K. McCarthy
• Appellate Attorney: Codruta Antonovici, Esq., Staff Attorney of the Benjamin Goldman Law Office
• Justice court: Wayland Town Court, Steuben County
• Wayland Town Court Judge: Doug F. Fahy
• Wayland Town Court Prosecutor: Paul Barton, Esq.
• Key authority: People v. Feldes, 73 NY2d 661 (1989)
• Case index: Steuben County Court No. 2025-0116CV; Wayland Case No. 24060107
• 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. The Dua case is the sixth confirmed Steuben County appellate win for the Benjamin Goldman Law Office — and the third involving Wayland Town Court. When a lower court fails to follow the Criminal Procedure Law, 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

The Benjamin Goldman Law Office always tries to resolve cases amicably and reasonably via plea bargain. Every once in a while, we are faced with a prosecutor that our client feels does not give reasonable plea offers or face with a judge that rejects reasonable plea offers. If our clients want to fight, we will be more than glad to oblige. In such situations we conduct a trial, expecting to lose in the justice court. But throughout the process in justice court, the attorneys at the Benjamin Goldman Law Office are laying seeds that will grow into grounds for appeal at the county court. This is why our firm has a relatively high appellate success rate.

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. But you must move quickly. There are deadlines that, if missed, will make the appeal impossible to move forward.

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