New York has a complicated relationship with wrongful convictions. It's home to some of the most high-profile exonerations in American history - the Central Park Five being the most well-known - and it also has some of the most robust post-conviction legal tools available in any state.
If someone was wrongfully convicted in New York, the path forward is difficult but not without real options.
The Legal Framework in New York
New York's primary post-conviction tool is a motion to vacate judgment under CPL Section 440.10. This motion can be filed in the trial court that entered the judgment and can raise grounds including newly discovered evidence, prosecutorial misconduct, Brady violations, ineffective assistance of counsel, and constitutional violations.
There is no absolute deadline for a 440.10 motion based on newly discovered evidence, but courts expect the motion to be filed with reasonable diligence after the new evidence becomes known. Sitting on new information for years without acting on it weakens the legal argument considerably.
New York also allows a writ of error coram nobis in the Appellate Division for claims of ineffective assistance of appellate counsel - a specific tool for when the attorney who handled the direct appeal made significant errors.
DNA Testing in New York
New York has a DNA testing statute under CPL Section 440.30(1-a) that allows convicted persons to apply for post-conviction DNA testing of evidence. The evidence must still exist, the testing must be material to the conviction, and the results must be of a type that would be relevant to the question of guilt.
New York courts have been relatively receptive to DNA testing applications compared to some other states. The key is identifying what biological evidence was collected at the time of the crime and determining whether it still exists in evidence storage.
New York's Conviction Review Units
The Manhattan District Attorney's Office has one of the most well-resourced Conviction Integrity Units in the country. The Brooklyn DA's office has also been active in reviewing and vacating convictions where evidence of wrongful conviction has emerged.
These units operate independently of the defense and have actually initiated exonerations themselves - meaning in some cases they've discovered problems with old convictions through their own review process. Reaching out to the CIU in the relevant county, particularly in New York City, is worth doing in addition to any legal action.
The Innocence Project - New York
The national Innocence Project is headquartered in New York City and has been working on wrongful conviction cases since 1992. They focus primarily on cases where DNA testing can provide evidence of innocence and where the person has exhausted their direct appeals.
The application process is competitive. The Innocence Project receives thousands of applications annually and accepts a small fraction. But for cases involving untested biological evidence, they remain one of the most powerful resources available anywhere in the country.
New York also has several law school innocence clinics - Cardozo, Fordham, and Albany Law School among them - that take post-conviction cases on a selective basis and can be worth contacting if the national Innocence Project isn't the right fit.
What to Do First in New York
Gather the complete trial record. In New York, transcripts are obtained through the court reporter or the clerk of the court where the trial occurred. This can be expensive but is non-negotiable - nothing moves without it.
Determine exactly where the case is procedurally. Has the direct appeal been decided? Has a 440.10 motion ever been filed? What was the result? The answers to these questions determine which doors are still open.
Find our complete list of New York wrongful conviction resources on our New York resources page - organizations, clinics, and legal aid options specific to the state.