Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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A CPL 440.10 motion is a way for someone convicted of a crime in New York to challenge their conviction or sentence after the trial is over. CPL stands for “Criminal Procedure Law” and 440.10 refers to the section of New York law that allows these motions.
These motions are used to bring up issues that couldn’t be raised during the original trial or on direct appeal. For example, if someone finds new evidence that wasn’t available at trial, they can file a 440.10 motion to get a new trial based on that evidence. Or if there was some kind of misconduct by the prosecutor or defense attorney that wasn’t known at the time, a 440.10 motion can bring that to light.
So in a nutshell, 440.10 motions are a way to get back in front of a judge and explain why your conviction or sentence should be overturned or changed based on new information the court didn’t have before. Keep reading for a more in-depth look at how these motions work.
A CPL 440.10 motion can be filed any time after sentencing. There is no deadline or statute of limitations. However, it’s usually best to file soon after conviction rather than waiting years, for a few reasons:
That said, it’s also important not to rush into filing a 440.10 motion without thoroughly considering all your possible arguments. Take enough time to investigate the case and develop the strongest motion possible.
There are a few key requirements for filing a CPL 440.10 motion:
If you don’t follow these requirements, the court may deny your motion without even considering the merits.
The law lists specific grounds that you can argue in a 440.10 motion. Some of the main ones include:
Filing a successful 440.10 motion takes skill and strategy. Here are some key things to keep in mind:
If the trial court denies your CPL 440.10 motion, you can seek permission to appeal that denial to an intermediate appellate court. Here’s how the appeal process works:
Winning leave to appeal is difficult. Most applications are denied. But with a strong showing that your case presents substantial, novel issues, you may convince the appellate court to grant permission to appeal. An experienced appellate advocate can greatly increase your chances.
After exhausting state remedies, you can also file a petition for writ of habeas corpus in federal court. This is a separate process from CPL 440.10 motions. Some key things to know:
CPL 440.10 motions are an important tool for challenging an unfair conviction or illegal sentence in New York. But winning relief requires skillfully navigating complex procedures and rules. Consult with a knowledgeable criminal appeals lawyer before filing a pro se motion. With effective representation and strong arguments, a 440.10 motion provides a valuable chance to undo an unjust result. The road to exoneration starts with a well-crafted motion showing the flaws in your case. Don’t go it alone – get experienced help to gain your freedom.
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