Search Site
Menu
What is a 440 motion?

Being accused of a crime, even when it is a traffic violation, can cause a person much anxiety. He or she does not want this on their record, and they certainly do not want to live with the consequences that befall upon them. Thus, many defendants seek to avoid penalties through a legal defense. While this is a great way to avoid charges, it is not the only way to clear one’s name. It is possible for individuals in New York and elsewhere to vacate a judgment through a specific motion.

What is a 440 motion? This is known as a motion to vacate judgment. A defendant is able to file this motion any time after the entry of judgment. A judgment can be vacated on certain grounds. This could occur is the court did not have jurisdiction of the action or the defendant, the judgment was procured by duress, misrepresentation or fraud on the part of the court or prosecutor, material evidence at trial was false and known to be false by the prosecutor, the defendant was unable to understand the proceedings because of a mental disease or defect and improper or prejudicial conduct not appearing on the record occurred during trial.

Other reasons include that new evidence has been discovered since the entry of judgment, forensic DNA testing of evidence performed since the entry of judgment is available, the judgment was obtained in violation of a right of the defendant protected by the constitution or the judgment is a conviction where the arresting charge was for loitering for the purpose of engaging in prostitution, provided that the defendant was not engaged in acts related to prostitution. If the court grants the motion, it must vacate the judgment and dismiss the accusatory instrument or order a new trial.

Being convicted of a crime is a difficult position to be in; however, there are options that follow a court judgment. It may be possible to take action by filing motions to either vacate the judgment or even seek a new trial. Therefore, it is important to be aware of your rights at any point of a criminal proceeding.

Source: Ypdcrime.com, “440.10 Motion to vacate judgment,” accessed April 7, 2018

Leave a Reply

Your email address will not be published. Required fields are marked *

Meet Our Attorneys
  • What to do if pulled over for a DUI


    The ways to effectively handle DWI traffic stops

    Experienced drunk driving defense attorneys in Rochester know the best methods for defending their clients. But your handling of a police stop can make a difference to your defense. The following tips can help...
    READ MORE
Client Reviews
  • "All of my contact was handled very promptly and professionally. They were very knowledgeable and made me feel like my case was as important to them as it was to me."

  • "I highly recommend the Law Office of James L. Riotto. The entire staff is professional, knowledgeable and always willing to help. Mr. Riotto’s legal prowess coupled with his background in law enforcement give him the ability to be empathetic to his client’s circumstances while relentlessly striving for the best possible outcome."

  • "Everyone I’ve talked to in this office has always been kind and very helpful. I’ve used them a couple of times now and am very happy with the outcomes and how well they’ve communicated with me."

  • "I would like to say what an amazing job your office did for me. Your team really saved me and helped me save costs. I want to give a shout out to an amazing person who worked tirelessly for me.. Chelsea Gardner!! She is awesome. James, I tell everyone I know to call you and your team. True professionals and they do what they say!!"

  • "Mr. Riotto was very responsive to us on our initial call as throughout the legal process. It was very clear how he was approaching the case and what the outcome may be. It can be unsettling hiring an attorney we did not know. He very quickly put our minds to rest."

Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Reviews and Ratings
  • lawyers
    5.0/5.0

    Mr. Riotto was professional, responsive and personable. He worked diligently and aggressively on my case that resulted in a very favorable outcome. I would highly recommend his services to anyone who wants first rate representation!

    Read more

    Client

  • google
    5.0/5.0

    Excellent firm. Jim returns calls personally and promptly when needed. Fees are fair and straight forward. Very responsive and helpful and explains everything in plain English.

    Read more

    Mathew Hazan

  • google
    5.0/5.0

    My experience with the Law Office of Mr Riotto could not have been better. His paralegals and other support people were always professional and responsive. They kept me well informed and I could not be happier with the results of his work. If you ...

    Read more

    Robert Gibson

  • lawyers
    5.0/5.0

    All of the staff were very responsive and helpful from start to finish.

    Read more

    Client

  • google
    5.0/5.0

    Mr. Riotto and his team are excellent to work with. They were responsive to my questions, professional, knowledgeable and efficient. I cannot recommend them highly enough.

    Read more

    Bobby Gill

See all reviews
Contact us

Quick Contact Form