Legal Question in Criminal Law in New York

Re: 440 motion

A 440 motion is not a "form" it is in the form of a regular motion. You can get the form from looking in Gary Muldoon's Handling a Criminal Case in NY.

It is not a motion to be taken lightly. You should proceed with counsel. If you cannot afford counsel, at least see if a local law school clinic will take you on.

If you can afford counsel, then please let us know if we can help you with the motion and subsequent hearing. To reach me, follow the links below.

Finally, You file this motion in the Court Clerk's office of the court in which you were convicted. If possible the motion will often be heard by the same judge that was the jurist in your case unless that would be inappropriate.

Either way, Good Luck.