View Full Version : Appealing a criminal case in New York

11-01-2016, 07:56 AM
MC imprisoned for murder in 1987.

Many years later, DNA evidence points to someone else.

I was trying to find the process he would have to follow.

From what I can understand, a leave to appeal has to be filed within 30 days of conviction. But what happens if the new evidence comes to light (as in my story) after 30 days?

PS - I could probably fuzz it up and avoid explaining but suddenly find myself interested. I'd like to know how it's done.

11-01-2016, 08:08 AM
How many years? What DNA evidence? Old evidence? New evidence? How does it suddenly point to someone else?

New evidence is probably a 440 motion -- 440 is the code you want to look up in the state statute in general for this stuff.

However, depending on when and what's going on, he might be better off calling the Innocence Project, presuming there was DNA to begin with.

11-01-2016, 05:05 PM
Section 440.30 1.(a) Where the defendant's motion requests the performance of a forensic DNA test on specified evidence, and upon the court's determination that any evidence containing deoxyribonucleic acid (“DNA”) was secured in connection with the trial resulting in the judgment, the court shall grant the application for forensic DNA testing of such evidence upon its determination that if a DNA test had been conducted on such evidence, and if the results had been admitted in the trial resulting in the judgment, there exists a reasonable probability that the verdict would have been more favorable to the defendant.

Jim Clark-Dawe