Will A 440 Motion Turn Your New York Criminal Case Around?
After a criminal conviction in a state court in New York, a defendant and their defense attorneys will naturally look for legal remedies, such as filing an appeal.
An alternative to an appeal that is sometimes more effective is to file a motion to vacate judgment, also known as a criminal procedure law or CPL 440 Motion, or simply a 440 Motion. Through the 440 Motion, the defendant must show why a negative trial outcome should be vacated.
From Rosenberg Law Firm in Brooklyn, our experienced appellate team helps defendants challenge the legitimacy of sentences accompanying convictions. The motion to vacate the judgment may accomplish this if successful.
Not An Appeal, But A Different Way Forward
A 440 Motion differs from an appeal because it raises objections over issues not in the trial record. Rather, objections focus on matters that could not have been raised at trial. Examples include:
- Failure of the defense lawyer to investigate critical issues
- Newfound evidence that was not, and could not have been, presented at trial
- Misconduct of the prosecutor or of jurors
The 440 Motion explains why it would be unfair to incarcerate the defendant because of these or other issues that were not part of the trial. At Rosenberg Law Firm, our defense and appellate law attorneys use every tool to its maximum potential for the sake of our clients who are fighting criminal charges and convictions at the state level.
Work With Award-Winning Appellate Attorneys To Explore All Options
With 65 combined years of experience, our defense lawyers have deep knowledge and a keen understanding of protecting individual constitutional rights at every stage of a state criminal case. Our team is ready to file a 440 Motion on your behalf if appropriate and advisable for your purposes.
Look for the silver lining behind the dark cloud of a criminal conviction at the state level in New York. To schedule a consultation about an appeal or a 440 Motion to vacate your conviction, call 718-962-0411 or send an email inquiry.