CPL 440.10 At any time ___ the entry of judgment court which judgment was entered MAY vacate judgment upon any of the appropriate grounds listed in 440
Before
after
CPL 440.10 court MAY vacate judgment upon which of the following grounds?
court did not have jurisdiction over the action or of the person of the defendant
judgment was procured by duress, misrepresentation or fraud by prosecutor or person acting on behalf of court or prosecutor
material evidence at trial was procured by prosecutor in violation of NYS or US constitution
material evidence at trial was false and not known by prosecutor or court before judgment
during proceeding defendant was unable to understand or participate in proceeding due to mental disease or defect
CPL 440.10 court MAY vacate judgment upon which of the following grounds:
improper and prejudicial conduct appearing on the record occurred
new and favorable evidence which could not have been produced by defendant during trial even with due diligence
CPL 440.10 court MUST deny motion to vacate judgment when ground or issue raised in motion was previously determined on merits by appellate court
CPL 440.10 the court ___ deny motion to vacate judgment when upon previous motion defendant could have raised issue or ground but failed to do so
May
must
CPL 440.30 Motion to vacate judgment (440.10) and to set aside a sentence (440.20) must be in writing
CPL 440.50 victim means any person who sustained physical or financial injury (offense PL 130) or in the case of homicide of a minor child, the victim's family
CPL 440.50 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
Which is false? the court MUST deny motion to vacate judgment when:
ground or issue raised in motion was not previously determined on merits by appellate court
appeal is still timely and record contains sufficient facts for appellate review
defendant failed to take or perfect appeal based on grounds in motion
ground or issue raised in motion relates solely to validity of sentence and not to validity of conviction
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 to trial was commenced, regardless of whether any county was dismissed by the court during trial EXCEPT:
those counts defendant was acquitted or deemed to have been acquitted, and
counts dismissed by the order vacating the judgment
counts previously dismissed by an appellate court or other court upon a previous post judgment motion
