A CPL 440 motion refers to a request made under New York Criminal Procedure Law § 440.10 to vacate (set aside) a criminal conviction. Unlike a direct appeal, which asks a higher court to review legal errors made during trial, a CPL 440 motion is filed in the same court where the conviction occurred.

It is considered a form of post-conviction relief, meaning it is used after sentencing has already taken place.

This type of motion allows a defendant to raise certain issues that may not appear in the trial record — particularly matters that could not have been fully addressed on direct appeal.

How a CPL 440 Motion Is Different from an Appeal

It is important to understand the distinction:

• Appeal: Focuses on legal errors visible in the trial record and is reviewed by a higher court.
• CPL 440 Motion: Raises issues outside the record and is decided by the trial court judge.

In many cases, a CPL 440 motion is used when new information or constitutional violations come to light after a conviction.

Common Grounds for a CPL 440 Motion

A CPL 440 motion must be based on specific legal grounds. Common examples include:

• Ineffective assistance of counsel
• Newly discovered evidence that could not have been presented at trial
• Prosecutorial misconduct not reflected in the trial record
• Brady violations (failure to disclose exculpatory evidence)
• Juror misconduct
• Constitutional violations affecting the fairness of the proceedings

Because these claims often involve facts outside the original court record, affidavits, documents, or other supporting evidence are typically submitted with the motion.

The Filing and Review Process

The CPL 440 process generally involves:

• Preparing a written motion explaining the legal grounds for relief
• Submitting supporting affidavits or evidence
• Filing the motion with the court where the conviction occurred
• Allowing the prosecution to submit a written response

In some cases, the court may schedule a hearing to resolve factual disputes. In others, the judge may decide the motion based solely on written submissions.

Possible Outcomes

After reviewing the motion, the court may:

• Deny the motion
• Vacate the conviction
• Order a new trial
• Dismiss the charges
• Modify the judgment

If the motion is denied, the defendant may have the option to seek appellate review of that decision.

When a CPL 440 Motion May Be Appropriate

A CPL 440 motion is often considered when:

• An appeal has already been decided or is not available
• New evidence emerges after conviction
• Serious constitutional concerns arise
• A defendant believes trial counsel was ineffective

Because these motions are highly fact-specific and procedural rules are strict, careful legal analysis is essential before filing.

A Meaningful Opportunity for Post-Conviction Relief

A conviction does not always mark the end of the legal process. In certain circumstances, a CPL 440 motion provides a meaningful avenue to challenge the fairness and integrity of a conviction.

With a thorough investigation, careful preparation, and strategic advocacy, this post-conviction tool can offer individuals and families an important opportunity to seek justice within the New York legal system.