CPL 440 Motions

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We've obtained positive outcomes for numerous CPL 440 motions in the Sleepy Hollow & Ossining, NY area

CPL 440 motions are available if there has been a major change in the law, or when new evidence or information comes to light that the defendant could not have known about when their appeal was filed. If you've learned new evidence pertaining to your case turn to Law Offices of John R. Lewis. We have an especially good track record for these types of post-judgement motions in Sleepy Hollow, Ossining, and across the state of New York.

To learn more about CPL 440 motions, contact us today.

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Find out if a CPL 440 motion would benefit you

Depending on the specifics of your case, Law Offices of John R. Lewis may be able to get your conviction overturned or your sentence reduced, if:

  • There has been a change in the law
  • New facts about you case have becomes available
  • You have received ineffective assistance of counsel
Schedule an appointment today to get started.

How These Motions Are Filed and Decided

Procedure (CPL § 440.30)

  • Motions must be written and served on the People (prosecution).
  • The moving papers usually require sworn allegations and may include documentary evidence.
  • The court first reviews the motion to see if a hearing is necessary; for example:
  • No hearing is needed if the motion lacks a legal basis,
  • Or if essential facts are unsupported or conclusively refuted by existing records.
  • If a hearing is held, the defendant must prove the facts by a preponderance of the evidence.
  • Regardless of hearing, the court must state on the record its findings and reasons.
  • This procedure applies both to motions to vacate the judgment and to set aside a sentence.

Other Sections of Article 440

In addition to motions by a defendant, Article 440 includes:

  • CPL § 440.40: Motion by the People (prosecutor) to set aside a sentence if it was invalid as a matter of law (with some limitations).
  • CPL § 440.46, 440.46-A, 440.47: Specialized motions for resentencing of certain offenders (e.g., controlled substance offenses, marijuana offenses, domestic violence cases).
Notices to agencies regarding conviction information (e.g., to education or child protective agencies).

When to Use a 440 Motion

CPL 440 motions are typically used when:

  • New evidence is discovered that was not available at trial and could change the outcome.
  • There's a change in law that applies retroactively.
  • A defendant received ineffective assistance of counsel.
  • Evidence used at trial was unconstitutional or fraudulent.
  • The sentence is illegal or unauthorized.

They are not substitutes for direct appeals, which focus on errors preserved on the record. Rather, 440 motions allow for fact-based and constitutional challenges after direct appeal rights end.