Motions to Vacate a Judgment of Conviction

At the Rosenberg Law Office, when I consider filing a post-conviction Criminal Procedure Law, (C.P.L.) Section 440 motion to vacate any conviction or sentence, I thoroughly investigate the issues and specifics of the case and review all the relevant transcripts, including transcripts of the trial, plea, or sentencing. Conducting an investigation may determine if any viable legal claims exist to vacate a judgment of conviction based on prosecutorial misconduct, jury misconduct, newly discovered evidence, claims of actual innocence, or other legal basis.

I investigate the files of the attorney who represented the client in the plea deal or sentencing, to determine if a claim exists to vacate the conviction based on ineffective assistance of counsel. In certain cases, I will request the courts and the prosecution files. 

Additionally, it is critical to have extensive discussions with my client and any relevant individuals or witnesses to determine if there is a potentially successful legal basis to file a motion to vacate a conviction. Finally, I carefully consider the New York criminal law, procedures, and judicial decisions to analyze the issues and determine the best strategy and legal claims to assert in the Criminal Procedure Law Section 440 motion.

The Criminal Procedure Law Section 440 statute lists many potentially successful legal grounds for filing a motion to vacate a conviction, including the following:

  • The court did not have jurisdiction.
  • The conviction was obtained by duress, misrepresentation or fraud on the part of the court or prosecutor, or a person acting on their behalf.
  • Material evidence adduced at a trial resulting in the judgment was false and prior to the entry of the judgment, was known by the prosecutor or by the court to be false.
  • Material evidence presented by the prosecution at trial resulting in the judgment of conviction was procured in violation of the defendant’s rights under the constitution of this State or of the United States.
  • During the proceedings resulting in the judgment, the defendant, by reason of mental disease or defect, was incapable of understanding or participating in such proceedings.
  • New evidence has been discovered since the entry of a judgment based on a verdict of guilty after trial, which could not have been produced by the defendant at the trial even with due diligence.
  • The judgment is a conviction where the defendant’s participation in the offense was the result of having been a victim of sex trafficking and other trafficking sections of the penal law.

When the court makes a decision on the post-conviction Criminal Procedure Law Section 440 motion, it either denies the motion, grants the motion and vacates the judgment of conviction, or orders an evidentiary hearing to further explore the factual assertions and rule on any issues of fact and law raised by the motion. 

By vacating the judgment of conviction, the court renders it legally void and the individual is restored and vested with the right to be presumed innocent and fight the charges. 

If the court grants my motion to vacate the judgment of conviction, I can continue to zealously defend my client against the criminal charges.