The Law Office of Matthew C. Hug represents individuals, convicted of crimes that wish to pursue a CPL 440 motion.  If you feel as though you possess meritorious grounds for a CPL 440 motion, contact Matthew C. Hug at 518-283-3288 immediately.  Time is of the essence with some of the grounds -- i.e. newly discovered evidence, mandating prompt attention.

These are motions brought following conviction and sentencing in a criminal case that seek to vacate the conviction and/or sentence.  CPL 440 motions are very limited and may only be brought pursuant to eight grounds. 

Grounds of a CPL 440.10 Motion to Vacate Judgment of Conviction

• The trial court lacked jurisdiction over the defendant or, over the action.
• The judgment was procured by duress, misrepresentation or fraud on the part of the prosecutor or a person acting on behalf of a court or prosecutor;
• Material evidence adduced at trial was false, and was known to be false by the prosecutor prior to the entry of judgment;
• Material evidence adduced at trial was procured as a result of the deprivation of the defendant's constitutional rights;
• During the proceedings resulting in the judgment, the defendant, by reason of mental disease or defect, was incapable of understanding or participating in the proceedings;
• Improper and prejudicial conduct not appearing in the record occurred during trial and such conduct, had it appeared in the record, would have required reversal of the judgment on appeal;
• New evidence has been discovered since the entry of a judgment based upon a verdict of guilty following a trial, which could not have been procured by the defendant at the trial with due diligence and such newly discovered evidence is of such a character so as to create the possibility of a different result;
• The judgment was obtained in violation of the defendant's constitutional rights.

CPL 440.20 Motion to Set Aside Sentence

A CPL 440.20 motion is the vehicle used to have a sentence set aside on the ground that it was unauthorized, illegal or otherwise invalid as a matter of law.  These motions may be made at anytime after entry of judgment.

Please note: a recent decision by the New York Court of Appeals for the Second Circuit has recently declared that New York's persistent felony offender status enhanced sentencing framework is unconstitutional.   

Call Matthew C. Hug for a free initial consultation on the merits of your CPL 440 motion, at 518-283-3288.