Legal Question in Appeals and Writs in New York

It is a "coram nobis" motion you are talking about. It is a motion to set aside a judgment that is made to the same court that rendered the judgment. In criminal matters in NY the common law writ of coram nobis has been almost completely replaced by a statutory procedure governed by Article 440 of the New York State Criminal Procedure Law. Specifically, if a person wants a court to set aside not only a sentence, but the conviction itself, the specific sections of greatest interest are Criminal Procedure Law � 440.10(1), which governs grounds, and � 440.30, which governs procedural specifics.

While every case is different and yours may be atypical, motions attacking convictions (especially decades later) are not frequently granted and the statute has numerous procedural limits that require or allow denial of the motion that may otherwise be made on good substantive grounds. These include that the issue was or should have been handled on direct appeal to an appellate court, or, in some cases, that due diligence be used to bring the motion (such as when new evidence is discovered). Importantly, the courts are not authorized either by statute or common law to vacate a conviction on non-legal grounds of "general fairness" or because a conviction is painful or burdensome to the former defendant. (This is not to say that judges always follow the law, of course.)

It would be most advisable to consult an attorney familiar with criminal practice in the county where your conviction occurred. If you are indigent, you can make a request to the court that you be assigned counsel to represent you.