CPL 440 Volume 1 Flashcards
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
a) court did not have _________ over the action or of the person of the defendant.
jurisdiction
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
b) Judgment was procured by _____, ______, or ______ by prosecutor or person acting in behalf of court or prosecutor
fraud, duress, misrepresentation;
Do not confuse this with the grounds for vacating an acknowledgement of paternity pursuant to FCA Article 5.
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
c) material evidence at trial ______and______ by the prosecutor or court before judgment to be false.
was false and known
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
d) material evidence was procured by the prosecutor in violation of _______or_________
NYS or US constitution.
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
e) during proceeding, defendant was unable to understand or participate in proceeding due to ________or__________
mental disease or defect.
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
f) improper and __________ conduct not appearing on the record occurred.
prejudicial
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
g) _________and ____________ which could not have been produced by defendant during trial even with due diligence (Example: DNA results).
new and favorable evidence
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
h) Judgment obtained was not ____________
constitutional
440.10 Motion to vacate judgment
At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
(NEW) (i) The judgment is a conviction where the defendant’s participation in the offense was a result of having been a victim _____________, _________trafficking, or compelling _________ .
(i) official documentation of the defendant’s status as a victim at the time of the offense from a federal, state or local government agency shall create a presumption that the defendant’s participation in the offense was a result of having been a victim, but shall not be required for granting a motion under this paragraph;
(ii) a motion under this paragraph, and all pertinent papers and documents, shall be confidential and may not be made available to any person or public or private entity except where specifically authorized by the court; and
(iii) when a motion is filed under this paragraph, the court may, upon the consent of the petitioner and all of the state and local prosecutorial agencies that prosecuted each matter, consolidate into one proceeding a motion to vacate judgments imposed by distinct or multiple criminal courts; or
of sex trafficking….. labor …….. prostitution,
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
(NEW) (j) The judgment is a conviction for a class _____or
_______ entered prior to the effective date of this paragraph and satisfies the ground that Judgment obtained was not ___________
There shall be a rebuttable presumption that a conviction by plea to such an offense was not knowing, voluntary and intelligent, based on ongoing collateral consequences, including potential or actual immigration consequences, and there shall be a rebuttable presumption that a conviction by verdict constitutes cruel and unusual punishment under the state constitution based on such consequences; or
A or unclassified misdemeanor…. constitutional
440.10 Motion to vacate judgment
- At any time AFTER the entry of judgment, court in which judgment was entered MAY vacate judgment upon any of the following grounds:
For convictions before the 2021 marijuana law amendments, involving specific offenses (subparagraphs (i), (ii), (iii), or (iv) of section 160.50(3)(k)), the law presumes that:
Plea convictions: were not knowingly, voluntarily, or intelligently entered if they had severe or ongoing consequences, including possible immigration problems.
Verdict convictions: constitute_____________________ under the state constitution due to those consequences.
cruel and unusual punishment
(NEW) (k) The judgment occurred prior to the effective date of the laws of 2021 that amended this paragraph and is a conviction for an offense as defined in subparagraphs (i), (ii), (iii) or (iv) of paragraph (k) of subdivision three of section 160.50 of this part (marijuana offenses), in which case the court shall presume that a conviction by plea for the aforementioned offenses was not knowing, voluntary and intelligent if it has severe or ongoing consequences, including but not limited to potential or actual immigration consequences, and shall presume that a conviction by verdict for the aforementioned offenses constitutes ______________ under the state constitution, based on those consequences.
The people may rebut these presumptions.
440.10 Motion to vacate judgment
- Notwithstanding 1 above, the court MUST deny motion to vacate judgment when:
a) ground or issue raised in motion was previously determined on merits ________
b) appeal is still timely and the record contains sufficient facts for appellate review (new) unless the issue raised upon such motion is ____________
c) defendant failed to take or perfect ___________ based on grounds in motion (new) unless the issue raised upon such motion is ineffective assistance of ___________.
d) ground or issue raised in motion relates solely to validity of sentence and not to validity of ____________.
by appellate court…… ineffective counsel…. Appeal…… counsel….. conviction
440.10 Motion to vacate judgment
- Notwithstanding 1 above, the court MAY deny motion to vacate judgment when:
a) defendant failed to raise ground during trial and before sentence (does not apply to motion based on deprivation of right to counsel and failure of court to advise defendant of such right)
b) ground or issue was previously determined on the merits
c) upon previous motion, defendant could have raised issue or ground but failed to do so.
xx
440.10 Motion to vacate judgment
4) If the court grants motion to vacate judgment, it (MUST/MAY) dismiss the ____________ or order a new trial, or take other action as appropriate.
MUST…….. accusatory instrument,
i.e it MUST do SOMETHING, for Pete’s sake…
440.10 Motion to vacate judgment
5) Upon granting motion on ground of new evidence, the court (MUST/MAY) vacate the judgment and order a new trial, or with the consent of the people, modify judgment by reducing it to a conviction of a lesser included offense.
MAY
