Bill > A07422

This bill expands the grounds for motions to vacate judgments in New York criminal cases. It allows individuals convicted of a crime to file motions to vacate their judgment at any time after entry of judgment under several new circumstances: (1) if the offense has been subsequently decriminalized, (2) if the offense has been reduced to a lesser degree by the legislature, or (3) if the underlying acts have been determined by a controlling judicial authority to be legally insufficient to support the original conviction. The bill introduces a more flexible standard for vacating judgments, particularly for cases involving changes in law or judicial interpretation. It provides courts with the authority to vacate convictions entirely or modify them to reflect lesser offenses. Additionally, the bill includes provisions for assigning counsel to applicants seeking to file such motions, establishes new procedural guidelines for these motions, and requires the chief administrator of courts to collect and report data on these motions annually. The changes aim to provide more opportunities for individuals to challenge their convictions based on subsequent legal developments, with a focus on ensuring justice and addressing potential wrongful convictions.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A7422