CPL 440.10 Motion to Vacate Judgment

What is a 440.10 motion?

In common sense terms it is a claim challenging the way your lawyer handled your case. Some examples of claims that may be brought on a CPL 440.10 Motion include but are not limited to the following: Your lawyer failed to object to the prosecutors reference to a polygraph test or a refusal to take a polygraph test, your lawyer failed to call your witnesses or talk to and investigate your witnesses, your lawyer prevented you from testifying, your lawyer failed to cross examine police witnesses about known evidence that may have helped your case, your lawyer was ineffective in advising you to plead guilty, to name a few. I would be happy to talk to you about why you feel your lawyer was ineffective

A 440.10 may also be based on evidence learned after the close of the trial for example: The victim in the case has been telling his friends now, that he lied on the stand, you found an eyewitness that says the perpetrator was someone other than you, someone else has confessed to the crime, etc.

Why you need an out of town lawyer to handle a 440.10 motion

Your lawyer in this motion will have to go after and prosecute a local defense lawyer in front of a local judge who may even have assigned this lawyer to defend you at trial. This king of thing can cause hard feelings in the locality for a long time towards the lawyer who represents you. This kind of situation may make it likely that a local lawyer will give you only the most perfunctory representation

If you win on a 440.10 motion your sentence is vacated. Most won 440.10 motions result in a new plea bargain for time served or you have the right to a new trial with a new lawyer.

Meet Attorney Andersen

I am originally from NYC. I was raised in Yonkers NY, son of an engineer and a school teacher. In applying to college I was accepted to Cornell University and University of Southern California commonly known as USC

Starting around the age of 4 dad had me doing Algebra on a blackboard and playing chess. I don't claim to be a genius but I scored a 162 IQ in High School. I've never lost a jury trial in the State of New York. My first employment as a lawyer was with the San Diego Department of Defender Services and subsequently as a Chief Public Defender in PA. After a long win streak at trial I left the PD's office to enter private practice across the States of PA and New York.

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Why Hire a Lawyer?

The vast majority of Assistant Public Defenders are committed to serving the interest of system insiders, not you as defendant. As a defendant appearing before a court there is an unwritten presumption that you are guiity as charged. Statements and affidavits of police witnesses are accepted at face value. Your assistant public defender doesn't want to make waves or appear to be a monkey wrench in a system geared towards making you plead. Defending charges to the fullest extent of the law, creates a demand on judicial and system resources, which if utilized by your public defender could result in accusations of bad judgment and impair the lawyers career.

What Makes a Good Trial Lawyer?

Aside from basic skills, such as how to ask a proper question, when to object to improper lines of questioning, there are some other more ineffable qualities that make the difference between winning and losing. Have you ever run into someone who has "sold" you on a point of view? Wouldn't it be great if that person had a license to practice law and could defend you?

Can I have my charges dismissed without a trial?

Most of our clients never go to trial. Our dismissal rate is high because we know the legal defenses. Cases can be dismissed when the key evidence is obtained in violation of search and seizure laws, defects in the indictment, insufficiency of evidence present at preliminary hearing of grand juty.

What type of cases have you actually won?

Some of the Jury Trials have included charges of Involuntary Manslaughter, Attempted Criminal Homicide, Homicide by Motor Vehicle DUI related, Rape, Sex Abuse1, Aggravated Assault with a deadly weapon, Robbery, Burglary, Larceny, Reckless endangerment, endangering the welfare of children, causing or risking a catastrophe, obstruction of justice, resisting arrest, tampering with witnesses, scheme to defraud, foregery, perjury, and more..