In New York, a CPL Article 440 motion can be used to challenge a conviction or sentence based on facts outside the trial record in certain situations.
For example, common grounds for a 440 motion in New York can include things like:
- Improper and prejudicial conduct
- Materially false evidence
- Lack of jurisdiction
- Duress, misrepresentation or fraud on the part of the court or a prosecutor
- Certain constitutional violations, including ineffective assistance of counsel
- Invalid or illegally imposed sentence
- Unknowing or involuntary guilty pleas
- Newly discovered evidence
- Later DNA testing
Depending on the circumstances, a CPL 440.10 motion may seek to vacate a conviction, while a CPL 440.20 motion challenges an illegal sentence.
It is important to know that 440 motions involve very strict procedural rules and require careful legal analysis by a knowledgeable criminal defense lawyer.
So if you or a loved one is seeking to challenge a conviction with a 440 motion, you can contact the Law Office of Michael J. McConnell today for a free case evaluation by booking a call through the button below.