440.70 – Notice to the Secretary of State When False Financing Statement Filed.
§ 440.70 Notice to the secretary of state when false financing statement filed. Upon conviction of any person for a crime where the defendant intentionally filed or caused to be filed a financing statement pursuant to article nine of the uniform commercial code on form UCC1 that falsely claims that a person is indebted or […]
450.10 – Appeal by Defendant to Intermediate Appellate Court; in What Cases Authorized as of Right.
§ 450.10 Appeal by defendant to intermediate appellate court; in what cases authorized as of right. An appeal to an intermediate appellate court may be taken as of right by the defendant from the following judgment, sentence and order of a criminal court: 1. A judgment other than one including a sentence of death, unless […]
450.15 – Appeal by Defendant to Intermediate Appellate Court; in What Cases Authorized by Permission.
§ 450.15 Appeal by defendant to intermediate appellate court; in what cases authorized by permission. If an appeal by defendant is not authorized as of right pursuant to section 450.10, the defendant may appeal from the following orders of a criminal court, provided that a certificate granting leave to appeal is issued pursuant to section […]
450.20 – Appeal by People to Intermediate Appellate Court; in What Cases Authorized.
§ 450.20 Appeal by people to intermediate appellate court; in what cases authorized. An appeal to an intermediate appellate court may be taken as of right by the people from the following sentence and orders of a criminal court: 1. An order dismissing an accusatory instrument or a count thereof, entered pursuant to section 170.30, […]
440.20 – Motion to Set Aside Sentence; by Defendant.
§ 440.20 Motion to set aside sentence; by defendant. 1. At any time after the entry of a judgment, the court in which the judgment was entered may, upon motion of the defendant, set aside the sentence upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. Where […]
440.30 – Motion to Vacate Judgment and to Set Aside Sentence; Procedure.
§ 440.30 Motion to vacate judgment and to set aside sentence; procedure. 1. (a) A motion to vacate a judgment pursuant to section 440.10 of this article and a motion to set aside a sentence pursuant to section 440.20 of this article must be made in writing and upon reasonable notice to the people. Upon […]
440.40 – Motion to Set Aside Sentence; by People.
§ 440.40 Motion to set aside sentence; by people. 1. At any time not more than one year after the entry of a judgment, the court in which it was entered may, upon motion of the people, set aside the sentence upon the ground that it was invalid as a matter of law. 2. Notwithstanding […]
440.46 – Motion for Resentence; Certain Controlled Substance Offenders.
§ 440.46 Motion for resentence; certain controlled substance offenders. 1. Any person in the custody of the department of corrections and community supervision convicted of a class B felony offense defined in article two hundred twenty of the penal law which was committed prior to January thirteenth, two thousand five, who is serving an indeterminate […]
440.46-A – Motion for Resentence; Persons Convicted of Certain Marihuana Offenses.
§ 440.46-a Motion for resentence; persons convicted of certain marihuana offenses. 1. When a person is serving a sentence for a conviction in this state, whether by trial verdict or guilty plea, under former article two hundred twenty-one of the penal law, and such persons’ conduct as alleged in the accusatory instrument and/or shown by […]
440.47 – Motion for Resentence; Domestic Violence Cases.
§ 440.47 Motion for resentence; domestic violence cases. 1. (a) Notwithstanding any contrary provision of law, any person confined in an institution operated by the department of correction and community supervision serving a sentence with a minimum or determinate term of eight years or more for an offense committed prior to the effective date of […]