Article 440 Post-Judgment Motions Flashcards
CPL 440.10-l(a), (b) and (c)
Select the correct answer.
On motion by the defendant, the court may vacate judgment on the ground that:
1. the court did not have jurisdiction of the defendant
2. the judgment was procured by duress on the part of the prosecutor
3. the prosecutor knowingly presented material false evidence
(a) Only 2 and 3 are correct
(b) Only 1 and 2 are correct
(c) Only 1 and 3 are correct
(d) 1, 2 and 3 are correct.
Answer: (d) CPL 440.10 (a), (b) and (c)
CPL 440.10-l(g)
Select the correct answer.
Defendant was convicted by jury verdict of a crime. At all times he maintained his innocence. Years later, while defendant was still serving the sentence, another person came forward with conclusive proof of defendant’s innocence. This conclusive proof had been concealed for years and was not available to anyone. Under these circumstances, on defendant’s motion the court:
(a) may vacate the judgment
(b) must vacate the judgment
(c) must declare a mistrial
(d) may declare a mistrial.
Answer: (a)
Choice (a) is correct [CPL 440.10-l(g)].
Choice (b) is incorrect because the court has discretion.
Choices (c) and (d) are incorrect because there is no authority in this situation for a mistrial (CPL 280.10).
CPL 440.10-2(b)
Select the correct answer.
In relation to a motion by a defendant to vacate a judgment, if the judgment is at the time of the motion appealable, and sufficient facts appear on the record with regard to the issues raised upon such motion to permit adequate review thereof upon such an appeal:
(a) the court may summarily grant such motion if it is supported by sworn allegations constituting a legal basis for such motion, and these are conceded by the people to be true
(b) the court must deny the motion without exception
(c) the court may only grant such motion if it is based upon the ground that the judgment was produced by duress on the part of the prosecutor
(d) the consent of the people is necessary in order for the court to grant such motion
(e) the court must deny the motion with one exception.
Answer: (e)
Choice (e) is correct [CPL 440.10-2(b)].
The exception is unless the issue raised upon such motion is ineffective assistance of counsel, eff. 10/25/21, per Ch.501, L.2021. If the judgment is then appealable, the effect of this section is that the matter be resolved on the appeal.
CPL 440.10-1.(g-1)
Select the correct answer.
In a motion to vacate a judgment based on DNA testing of evidence performed since judgment, the court may vacate the judgment of a defendant that is convicted after trial if the court determines:
(a) the defendant proved his innocence beyond a reasonable doubt
(b) there exists a reasonable probability that the verdict would have been more favorable to the defendant
(c) the DNA evidence would have been admitted in the original trial
(d) the people failed to show proper cause for not admitting the DNA evidence at trial.
Answer: (b)
Choice (b) is correct [CPL 440.10 (g-1)].
CPL 440.20
Select the correct answer.
After the entry of a judgment, the court in which it was entered may set aside the sentence on the ground that it was invalid as a matter of law:
(a) at any time, upon the motion of the people
(b) at any time, upon the motion of the defendant
(c) within one year, upon the motion of the defendant
(d) within two years, upon the motion of the people.
Answer: (b)
Choice (b) is correct (CPL 440.20).
The court may set aside a sentence at any time on defendant’s motion; on the people’s motion it may do so only within one year after entry of the judgment (CPL 440.40).
CPL 440.30
Select all correct answers.
With regard to a motion by the defendant to vacate a judgment
(a) the motion must be in writing
(b) reasonable notice of the motion must be given to the people
(c) the court must conduct a hearing to determine such motion
(d) upon determining the motion the court must set forth on the record the reasons for its determination
(e) at a hearing to determine the motion the burden of proof is on the people.
Answers: (a), (b) and (d)
Choices (a), (b) and (d) are correct (CPL 440.30).
Choice (c) is incorrect, for CPL 440.30-2, 3 and 4 provides authority for determining the motion without a hearing.
Choice (e) is incorrect because CPL 440.30-6 places the defendant the burden of proving essential facts to support the motion.
CPL 440.40
Select the correct answer.
A motion by the people to set aside a sentence:
(a) has no basis in CPL
(b) may be considered by a trial court
(c) may be made only in an appellate court
(d) is based in CPL on same grounds set forth for the same motion made by defendant.
Answer: (b)
Choice (b) is correct (CPL 440.40).
A motion made by the people may be granted based upon the ground that it was invalid as a matter of law (CPL 440.40-1). The same motion made by defendant may be granted upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law (CPL 440.20-1). In both cases the motion may be considered by the court in which the judgment was entered, which is the trial court.
CPL 440.50
Select the correct statement.
(a) The District Attorney, in all cases, must notify the victim of a crime as to the final disposition of the case
(b) The District Attorney, only on request, or in violent felony and in homicide cases, must notify the victim of a crime as to the final disposition of the case
(c) The District Attorney must notify all victims of crime of their right to submit an impact statement to the state board of parole
(d) A victim impact statement must be in writing.
Answer: (b)
Choice (b) is correct (CPL 440.50).
Choice (a) is incorrect.
Choice (c) is incorrect. The District Attorney must notify only those victims where the defendant was committed to the custody of the state department of corrections and community supervision for an indeterminate sentence.
Choice (d) is incorrect. The Statement may be written, audiotaped or videotaped, or the victim may meet personally with a member of the state board of parole.
Note that in subdivision 1, “inmate” is now referred to as “incarcerated individual.”
