US Lawyer Database

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 […]

440.50 – Notice to Crime Victims of Case Disposition.

§ 440.50 Notice to crime victims of case disposition. 1. Upon the request of a victim of a crime, or in any event in all cases in which the final disposition includes a conviction of a violent felony offense as defined in section 70.02 of the penal law, a felony defined in article one hundred […]

440.60 – Notification of Invalid Sentences of Probation.

§ 440.60 Notification of invalid sentences of probation. Whenever it shall appear to the satisfaction of the appropriate director of the probation department that a person sentenced pursuant to article sixty of the penal law has received a sentence which is invalid as a matter of law, it shall become his duty to notify the […]

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 […]