New York — Statute

440.40 – 440.40 | New York Law

Learn about New York's 440.40 law, including definitions, penalties, and legal implications.

Legal Content

440.40 – 440.40

New York Criminal Procedure § 440.40

Statute Summary

NY CPL § 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 the provisions of subdivision one, the court must summarily deny the motion when the ground or issue raised thereupon was previously determined on the merits upon an appeal from the judgm

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In simple terms: Learn about New York's 440.40 law, including definitions, penalties, and legal implications.. This means people must follow this rule, and breaking it can lead to criminal penalties.