Motion to Vacate Judgment (New York CPL § 440)

Description

A criminal conviction in New York is not always final. Under New York Criminal Procedure Law § 440, the court may vacate a judgment or correct a sentence when legal, constitutional, or factual issues call the conviction into question. A Motion to Vacate Judgment is the primary post-conviction mechanism used to bring those issues before the court.

This service provides a custom-prepared CPL § 440 motion drafted specifically for your case. Each motion is written based on the facts of the conviction, the procedural history, and the specific statutory grounds available for relief under New York law. This is not a generic form or automated template.

Types of CPL § 440 Motions Covered

Depending on your circumstances, your motion may be prepared under one or more of the following provisions:

CPL § 440.10 – Motion to Vacate Judgment
Used to challenge the validity of the conviction itself. Common grounds include constitutional violations, ineffective assistance of counsel, prosecutorial misconduct, improper jury conduct, or convictions based on false or unreliable information.

CPL § 440.10(1)(g) – Newly Discovered Evidence
Applies when evidence has surfaced that was not available at the time of trial and could likely have affected the outcome of the case.

CPL § 440.10(1)(h) – Constitutional Violations
Used when the conviction was obtained in violation of state or federal constitutional rights, including due process and the right to a fair trial.

CPL § 440.10(1)(f) – Improper Conduct
Addresses juror misconduct, external influence, or other irregularities that compromised the integrity of the verdict.

CPL § 440.20 – Motion to Set Aside Sentence
Used when the sentence imposed was illegal, unauthorized, or otherwise improper, even if the conviction itself is not challenged.

Your filing will be prepared based on the grounds that apply to your case and the relief you are seeking.

What’s Included

• Custom Motion to Vacate Judgment under NY CPL § 440

• Supporting memorandum explaining the legal basis for relief

• Filing and service instructions for New York State courts

Preparation Time & Delivery

Documents are prepared after receipt of payment and all required case information.
Completed filings are delivered by email within seven (7) business days.
Printed copies are available for an additional fee.