Under the Criminal Procedure Law there exist post sentence/post judgment remedies and motions used to challenge the legality of a conviction or sentence. These post sentence motions are authorized under Criminal Procedure Law A?440. They are made after conviction and judgment is entered.
A motion made under Article 440 is different than an appeal in many respects. The 440 motion is made to the trial court and not to an appellate court. The 440 motion informs the trial court of facts not contained in the trial record and can be used to expand the record as the basis for an appeal where certain facts are not contained in the record.
What are the reasons or circumstances under which an Article 440 motion can be made?
There are two pertinent A?A? under Article 440: A?440.10 and A?440.20.
Under Section 440.10 challenge the conviction and move to vacate that conviction for these reasons: 1) the trial court lacked jurisdiction; 2) judge or prosecutor used fraud, false statements or undue pressure to secure your conviction; 3) the prosecutor introduced evidence at trial he knew to be false; 4) evidence obtained in violation of U.S. or N.Y. State Constitutional rights was introduced at trial; 5) you could not understand or participate in trial because of a mental disability; 6) record failed to include some improper conduct at trial such as the failure to produce exculpatory material; 7) new evidence found that would effect the result in your case that could not have been discovered before; 8) you were convicted in violation of a constitutional rights (U.S. and N.Y. State Constitutions)
Under Section 440.20 challenge the legality of a sentence if unauthorized, illegally imposed or invalid by law.
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