New York 440 Motions

Under New York’s Criminal Procedure Law, a 440 motion allows a defendant to ask the court to vacate their conviction or re-open their case. The legal landscape surrounding 440 motions is complex and nuanced, and second chances aren’t granted freely, so it’s important to consult an experienced New York criminal defense attorney. 

Brustein Law’s deep commitment to justice and fairness extends to our representation during the 440 motion process. If you believe you were convicted erroneously, unfairly, or wrongly, Brustein Law is here to help you see justice. Let us bring credibility to your truth. We’re ready to start fighting for you today. 

What is a 440 Motion?

A 440 motion, or a motion to vacate judgment, refers to Section 440 of the New York Criminal Procedure Law, which provides remedies for individuals seeking to challenge their criminal convictions. This motion, if granted, will vacate the conviction or re-open the case based on a legal error. 440 motions are a critical legal tool allowing convicted individuals to address errors or injustices that occurred during their trial. There are many grounds for filing a 440 motion, including:

  • The court lacked jurisdiction.

  • The court or prosecutor obtained a conviction by duress, misrepresentation, or fraud.

  • The prosecutor or court knew that material evidence presented at trial was false. 
    Material evidence used at trial was obtained in a manner that violated the defendant’s constitutional rights. 

  • The defendant could not participate in or understand the trial due to a mental disease or defect.

  • Improper and prejudicial conduct occurred off the record during the trial, which would have required the conviction to be reversed on appeal if it had been on the record. 

  • New evidence has been discovered that was not available during the trial and that would have benefitted the defendant at trial.

  • If the defendant pleaded guilty, new DNA evidence obtained after the conviction indicates a substantial probability that the defendant is innocent.

  • If the defendant was convicted at trial, new DNA evidence obtained after the conviction would have been favorable to the defendant at trial.

  • The conviction violated the defendant’s constitutional rights on a New York or federal level.

  • The victim only participated in the offense because they were a victim of sex trafficking, child sex trafficking, labor trafficking, human trafficking, or compelling prostitution.

  • The conviction was for a Class A or unclassified misdemeanor prior to 2021 in violation of the defendant’s constitutional rights.

  • The conviction was related to marijuana prior to changes in New York law, and more than three years have passed since the offense.

How Are 440 Motions Different from an Appeal?

An appeal identifies issues found in the trial record, whereas a 440 motion is based on issues outside the trial record. 440 motions are also submitted to the trial court rather than the appellate court. The purpose of a 440 motion is to make the trial court aware of issues not contained in the trial record, while an appeal designed to make the appellate court aware of issues contained in the trial record. Strategically, a 440 motion does not prevent the defendant from submitting an appeal, and, depending on the circumstances, it may be beneficial to use a 440 motion to expand the facts within the trial record before submitting an appeal to the appellate court. 

There is no deadline for 440 motions. A defendant may submit a 440 motion at any time after a conviction, but acting quickly has advantages. An experienced New York 440 motions attorney can evaluate the circumstances and help you decide when is the best time to bring forth a 440 motion. A prosecutor may appeal a 440 motion if granted. If denied, the defendant must request leave to appeal from the appellate division.

Contact Us Today

440 motions in New York are a complex and nuanced area of law, which is challenging to navigate without the guidance of a skilled and seasoned attorney. If you or a loved one believe you have grounds for a 440 motion or want to learn more about your legal options, turn to Brustein Law for a free and confidential consultation. Our experienced team is ready to start fighting for you today.