Why Choose the National Paralegal Center in New York?

This motion seeks to vacate a judgment by identifying errors that occurred during trial, such as ineffective assistance of counsel, newly discovered evidence, or prosecutorial misconduct. In New York, successfully filing a CPL 440 Motion could result in a sentence reduction, a new trial, or even freedom.

This is the most commonly used section of the CPL 440 Motion. Under CPL 440.10, a defendant may move to vacate a judgment based on several specific legal grounds. Below is a list of all the subsections under CPL 440.10 and what they cover:

• (1)(a): Lack of jurisdiction – The court did not have jurisdiction over the defendant or the offense.
• (1)(b): Violation of rights at trial – The judgment was obtained in violation of the defendant’s constitutional rights, such as due process violations.
• (1)(c): Newly discovered evidence – New evidence has emerged that could not have been discovered before or during the trial and could have changed the outcome.
• (1)(d): Fraud or misrepresentation – The conviction was obtained through fraud, misrepresentation, or other illegal conduct.
• (1)(e): Ineffective assistance of counsel – The defendant did not receive effective legal representation, which impacted the fairness of the trial.
• (1)(f): Improper conduct by the prosecutor – The prosecutor committed misconduct, such as suppressing evidence that was favorable to the defense.
• (1)(g): Legal invalidity of the judgment – The judgment was made in violation of the law (e.g., the trial court erred in applying the law).
• (1)(h): DNA evidence – If DNA evidence shows that the defendant is not guilty, this subsection applies.
• (1)(i): Constitutional violations – The conviction was obtained in violation of the defendant's constitutional rights.
• (2)(a) – (c): Time Bar and Prior Judgments – These sections discuss whether a motion may be denied if the issue was or could have been raised in a prior appeal unless there are exceptional circumstances or the interests of justice demand a review.

If you or your loved one feels something was missed during the trial, our Case Breakdown and Diagnostic service provides a thorough review of the legal documentation. We examine New York State trial transcripts, research applicable case law, and create a legal roadmap to help you pursue justice on your own terms.

For those dealing with New York State agency decisions, an Article 78 allows you to challenge administrative actions. Whether it’s a parole denial, misconduct by prison officials, or an improper administrative decision, we can help you seek judicial review and relief.

We have successfully prepared Pre-Parole Packets and helped clients with parole appeals, guiding them through the intricate parole process in New York. Our team’s knowledge of New York parole regulations ensures that every argument is presented clearly and effectively to maximize your chances for release.

If you believe your sentence is illegal or unjust, a CPL 440.20 Motion can help you seek resentencing. In New York, we’ve used this motion to challenge excessive sentencing and ensure that clients receive fair treatment in line with state law.

At the National Paralegal Center, we specialize in appellate practice for individuals seeking to appeal their convictions or sentences in New York State. Our services cover every stage of the appellate process, ensuring your case is presented comprehensively and effectively.

The first step in appealing a conviction or sentence is filing a Notice of Appeal. This must be done within a specific timeframe, typically 30 days from the date of sentencing or judgment. Filing the notice preserves your right to appeal and initiates the appellate process.

After filing the notice, it is crucial to obtain and review the trial transcripts and court records. These documents form the basis of your appeal, allowing us to identify legal errors, such as ineffective assistance of counsel, prosecutorial misconduct, or evidentiary issues.

The appellate brief is the core of the appeal. We meticulously craft compelling legal arguments, focusing on the errors made during the trial. We cite relevant New York case law and constitutional principles to demonstrate why the conviction or sentence should be overturned or reduced.

If you already have an attorney or public defender but need additional support, we can provide a supplemental brief. This document offers additional arguments or insights that may have been missed, ensuring no key issue is overlooked.

Once the appellate court issues its decision, we assist in determining the next steps, whether it involves seeking further review, filing a motion for reconsideration, or pursuing other post-conviction relief like a CPL 440 motion.

Navigating the appellate process in New York requires precision and expertise. Whether you're filing a notice of appeal or need help drafting a supplemental brief, the National Paralegal Center is here to provide expert support at every stage. For assistance with your appeal, contact us today!