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Can Brady be asserted in N.Y. State C.P.L. Sec.440.10 motion as the same or Brady is a different type of motion?

Brooklyn, NY |

N.Y. State Criminal Procedure Law Section 440.10. is a motion to vacate judgment.1.At any time after the entry of a judgment, the court in which it was entered may, upon motion of the defendant, vacate such judgment upon the ground that:A)The court did not have jurisdiction of the action or of the person of the defendant;C)Material evidence adduced at a trial resulting in the judgment was false and was, prior to the entry of the judgment, known by the prosecutor or by the court to be false;D)Material evidence adduced by the people at a trial resulting in the judgment was procured in violation of the defendant's rights under the constition of this state or of the united states;F)Improper and prejudicial conduct not appearing in the record occurred during a trial resulting in the judgment

which conduct, if it had appeared in the record, would have required a reversal of the judgment upon an appeal therefrom;H)Thejudgment was obtained in violation of a right of the defendant under the constition of this state or the united states. it should be duly noted, this is to understand how to vacate a conviction by "guilty plea"

Attorney Answers 1


  1. Brady issues are routinely brought under CPL 440.10(h), which empowers a court to vacate judgment where "obtained in violation of a right of the defendant under the constitution of this state or of the United States." See People v. Baxley, 84 N.Y.2d 208, 212-13 [1994]; see also People v. Wright, 86 N.Y.2d 591 [1995] ).

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