§ 440.10 Motion to vacate judgment.\n 1. At any time after the entry of a judgment, the court in which it\nwas entered may, upon motion of the defendant, vacate such judgment upon\nthe ground that:\n (a) The court did not have jurisdiction of the action or of the person\nof the defendant; or\n (b) The judgment was procured by duress, misrepresentation or fraud on\nthe part of the court or a prosecutor or a person acting for or in\nbehalf of a court or a prosecutor; or\n (c) Material evidence adduced at a trial resulting in the judgment was\nfalse and was, prior to the entry of the judgment, known by the\nprosecutor or by the court to be false; or\n (d) Material evidence adduced by the people at a trial resulting in\nthe judgment was procured in violation of the defendant's rights under\nthe constitution of this state or of the United States; or\n (e) During the proceedings resulting in the judgment, the defendant,\nby reason of mental disease or defect, was incapable of understanding or\nparticipating in such proceedings; or\n (f) Improper and prejudicial conduct not appearing in the record\noccurred during a trial resulting in the judgment which conduct, if it\nhad appeared in the record, would have required a reversal of the\njudgment upon an appeal therefrom; or\n (g) New evidence has been discovered since the entry of a judgment\nbased upon a verdict of guilty after trial, which could not have been\nproduced by the defendant at the trial even with due diligence on his\npart and which is of such character as to create a probability that had\nsuch evidence been received at the trial the verdict would have been\nmore favorable to the defendant; provided that a motion based upon such\nground must be made with due diligence after the discovery of such\nalleged new evidence; or\n (g-1) Forensic DNA testing of evidence performed since the entry of a\njudgment, (1) in the case of a defendant convicted after a guilty plea,\nthe court has determined that the defendant has demonstrated a\nsubstantial probability that the defendant was actually innocent of the\noffense of which he or she was convicted, or (2) in the case of a\ndefendant convicted after a trial, the court has determined that there\nexists a reasonable probability that the verdict would have been more\nfavorable to the defendant.\n (h) The judgment was obtained in violation of a right of the defendant\nunder the constitution of this state or of the United States; or\n (i) The judgment is a conviction where the defendant's participation\nin the offense was a result of having been a victim of sex trafficking\nunder section 230.34 of the penal law, sex trafficking of a child under\nsection 230.34-a of the penal law, labor trafficking under section\n135.35 of the penal law, aggravated labor trafficking under section\n135.37 of the penal law, compelling prostitution under section 230.33 of\nthe penal law, or trafficking in persons under the Trafficking Victims\nProtection Act (United States Code, title 22, chapter 78); provided that\n (i) official documentation of the defendant's status as a victim of\nsex trafficking, labor trafficking, aggravated labor trafficking,\ncompelling prostitution, or trafficking in persons at the time of the\noffense from a federal, state or local government agency shall create a\npresumption that the defendant's participation in the offense was a\nresult of having been a victim of sex trafficking, labor trafficking,\naggravated labor trafficking, compelling prostitution or trafficking in\npersons, but shall not be required for granting a motion under this\nparagraph;\n (ii) a motion under this paragraph, and all pertinent papers and\ndocuments, shall be confidential and may not be made available to any\nperson or public or private entity except where specifically authorized\nby the court; and\n (iii) when a motion is filed under this paragraph, the court may, upon\nthe consent of the petitioner and all of the state and local\nprose
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