New York's Most Up-To-Date CPL 440 Guide - By CAA's Greg Salmon

Criminal Appeals Advocates is pleased to announce the publication of The 2026 Guide to NY CPL 440 Motions, written by CAA attorney Greg Salmon, Esq.

The guide is available now as a free resource for incarcerated individuals, their families, and attorneys working in post-conviction practice in New York.

The 2026 Guide to CPL 440 Motions - GREGORY SALMON.pdf

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Why This Guide Exists

A criminal conviction in New York does not have to be the final word. Article 440 of the Criminal Procedure Law provides a set of tools for challenging convictions and sentences after the fact, tools that can make the difference between continued incarceration and freedom. But the law is technical, the procedural requirements are strict, and a misstep can permanently foreclose a meritorious claim.

Many of the most serious problems in criminal cases never appear in the trial record. A defense attorney who failed to investigate an alibi. A prosecutor who concealed favorable evidence. A guilty plea entered under coercion or based on bad legal advice. These issues cannot be raised on direct appeal. For most people in this situation, a CPL 440 motion is the only available remedy.

This guide was written to make Article 440 accessible to the people who need it most.

What the Guide Covers

Across eighteen sections, the guide provides a thorough, practical overview of every major avenue of post-conviction relief under Article 440:

•             CPL 440.10: Vacating a Conviction. A detailed breakdown of every statutory ground for overturning a conviction, from jurisdictional defects and prosecutorial fraud to newly discovered evidence, DNA testing, trafficking victim status, and immigration-related challenges.

•             CPL 440.20: Setting Aside a Sentence. When and how to challenge a sentence that was unauthorized, illegally imposed, or otherwise invalid as a matter of law, even when the underlying conviction remains intact.

•             Ineffective Assistance of Counsel. New York’s “meaningful representation” standard under People v. Baldi, how it differs from the federal Strickland test, common examples of attorney failures, and the 2021 legislative reform that eliminated the procedural trap for record-based IAC claims.

•             Prosecutorial Misconduct and Brady Violations. The constitutional duty to disclose favorable evidence, how Brady violations typically come to light after conviction, and how to bring these claims before a court.

•             Newly Discovered Evidence. The six-factor test from People v. Salemi, the due diligence requirement, what qualifies as genuinely new evidence, and available remedies.

•             Actual Innocence Claims. The People v. Hamilton framework, the clear and convincing evidence standard, and the current limitation on freestanding innocence claims after guilty pleas under People v. Tiger.

•             DNA Testing Motions (CPL 440.30). Who can file, the standards for trial convictions versus guilty pleas, the five-year deadline and its exceptions, and what happens when test results are favorable.

•             Resentencing Provisions. Three specialized statutes that can dramatically reduce sentences: CPL 440.46 for Rockefeller-era drug convictions, CPL 440.46-a for marijuana offenses following legalization under the MRTA, and CPL 440.47 for domestic violence survivors under the DVSJA.

•             Recent Legal Developments (2024-2026). The Clean Slate Act’s automatic sealing provisions, the pending Second Look Act and Elder Parole legislation, proposed decriminalization-based vacatur, and the broader trend toward expanding access to post-conviction relief.

•             Step-by-Step Filing Instructions. Where to file, what a motion must contain, how to prepare supporting affidavits and exhibits, service requirements, and the advantages of working with experienced counsel.

•             What Happens After Filing. The three possible outcomes (summary denial, evidentiary hearing, or grant), the prosecution’s response, and realistic expectations about timeline.

•             If Your Motion Is Denied. Procedural bars (mandatory and discretionary), the interest-of-justice exception, the 30-day deadline to seek leave to appeal, and federal habeas corpus as a final resort.

•             Alternatives to a 440 Motion. Record sealing under CPL 160.59, the Clean Slate Act, executive clemency, coram nobis, and Article 78 proceedings.

Who This Guide Is For

The guide was written for three audiences. First, the person living with a New York criminal conviction, whether currently incarcerated, on parole or probation, or years past the end of a sentence, who believes something went wrong in their case and wants to understand what legal options remain. Second, the family member or loved one trying to navigate an unfamiliar and often overwhelming legal system on someone else’s behalf. Third, the attorney newer to post-conviction practice who wants a grounded, current overview of Article 440 and its interplay with recent legislative reforms.

A Note from the Author

Greg Salmon brings years of criminal defense and appellate experience to this publication. His practice at CAA focuses on post-conviction advocacy, including CPL 440 motions, constitutional claims, and challenges to convictions and sentences that no longer reflect current law or current values.

“Many people assume that once a conviction is entered, the case is over,” Salmon writes. “That is not necessarily true. New York law provides a powerful mechanism for challenging convictions and sentences even after a case has concluded. Knowledge is a necessary first step.”

How to Get the Guide

The 2026 Guide to NY CPL 440 Motions is available as a free download from Criminal Appeals Advocates. If you or a loved one has a criminal conviction in New York and you believe the conviction or sentence was unjust, constitutionally flawed, or no longer reflects current law, contact CAA for a consultation.

This guide is for informational purposes only and does not constitute legal advice. Every case involves unique facts, procedural history, and strategic considerations that require the analysis of a qualified attorney.