CPL 440 Flashcards
CPL 440.10 At any time BEFORE/AFTER the entry of judgment court in which
judgment was entered MAY vacate judgment upon any of the appropriate grounds listed
in 440.
AFTER
CPL 440.10 Court MAY vacate judgment upon any of the following grounds:
a) T/F? court did not have jurisdiction over the action or of the person of the defendant.
b) T/F? judgment was procured by duress, misrepresentation or fraud by prosecutor or
person acting in behalf of court or prosecutor.
c) T/F? material evidence at trial was false and not known by prosecutor or court before
judgment.
d) T/F? material evidence was procured by prosecutor in violation of NYS or US
constitution.
e) T/F? during proceeding defendant was unable to understand or participate in
proceeding due to mental disease or defect
a) True
b) True
c) False. Material evidence at trial was false and known by prosecutor or court before
judgment to be false
d) True.
e) True
CPL 440.10 Court MAY vacate judgment upon any of the following grounds:
A) T/F? improper and prejudicial conduct appearing on the record occurred
B) T/F? new and favorable evidence which could not have been produced by defendant
during trial even with due diligence
A) False. Improper and prejudicial conduct not appearing on the record occurred.
B) True
CPL 440.10 T/F? Court MUST deny motion to vacate judgment when ground or issue
raised in motion was previously determined on merits by appellate court.
TRUE
CPL 440.10
The court MAY/MUST deny motion to vacate judgment when upon previous motion,
defendant could have raised issue or ground but failed to do so.
MAY
CPL 440.30 T/F? Motion to vacate a judgment (440.10) and to set aside a sentence
(440.20) must be in writing.
TRUE
CPL 440.50 T/F? Victim means any person who sustained physical or financial injury
(Offenses PL 130) or in the case of homicide of a minor child, the victim’s family.
TRUE
CPL 440.50 T/F? Final disposition means termination of case at trial including
dismissal, acquittal, or imposition of sentence by court, or a decision by the DA not to
file the case.
True
Which is false? The court MUST deny motion to vacate judgment when: A. ground or
issue raised in motion was not previously determined on merits by appellate court. B.
appeal is still timely and record contains sufficient facts for appellate review. C.
defendant failed to take or perfect appeal based on grounds in motion. D. ground or
issue raised in motion relates solely to validity of sentence and not to validity of
conviction
A (CPL 440.10)
Under a new trial after judgment is vacated as per section CPL 440.10 the
indictment is deemed to contain all counts charged in indictment at time previous trial
was commenced, regardless of whether any count was dismissed by the court during
trial, EXCEPT:
a) those counts defendant was acquitted or deemed to have been acquitted, and
b) counts dismissed by the order vacating the judgment, and
c) counts previously dismissed by an appellate court or other court upon a previous post
judgment motion.
A. Only 1 and 3 are correct.
B. Only 2 and 3 are correct.
C. Only 1 and 2 are correct.
D. All 1, 2 and 3 are correct.
D (CPL 440.10
