§ 440.30 Motion to vacate judgment and to set aside sentence; procedure.\n 1. (a) A motion to vacate a judgment pursuant to section 440.10 of\nthis article and a motion to set aside a sentence pursuant to section\n440.20 of this article must be made in writing and upon reasonable\nnotice to the people. Upon the motion, a defendant who is in a position\nadequately to raise more than one ground should raise every such ground\nupon which he or she intends to challenge the judgment or sentence. If\nthe motion is based upon the existence or occurrence of facts, the\nmotion papers must contain sworn allegations thereof, whether by the\ndefendant or by another person or persons. Such sworn allegations may be\nbased upon personal knowledge of the affiant or upon information and\nbelief, provided that in the latter event the affiant must state the\nsources of such information and the grounds of such belief. The\ndefendant may further submit documentary evidence or information\nsupporting or tending to support the allegations of the moving papers.\nThe people may file with the court, and in such case must serve a copy\nthereof upon the defendant or his or her counsel, if any, an answer\ndenying or admitting any or all of the allegations of the motion papers,\nand may further submit documentary evidence or information refuting or\ntending to refute such allegations. After all papers of both parties\nhave been filed, and after all documentary evidence or information, if\nany, has been submitted, the court must consider the same for the\npurpose of ascertaining whether the motion is determinable without a\nhearing to resolve questions of fact.\n (b) In conjunction with the filing or consideration of a motion to\nvacate a judgment pursuant to section 440.10 of this article by a\ndefendant convicted after a trial, in cases where the court has ordered\nan evidentiary hearing upon such motion, the court may order that the\npeople produce or make available for inspection property in its\npossession, custody, or control that was secured in connection with the\ninvestigation or prosecution of the defendant upon credible allegations\nby the defendant and a finding by the court that such property, if\nobtained, would be probative to the determination of defendant's actual\ninnocence, and that the request is reasonable. The court shall deny or\nlimit such a request upon a finding that such a request, if granted,\nwould threaten the integrity or chain of custody of property or the\nintegrity of the processes or functions of a laboratory conducting DNA\ntesting, pose a risk of harm, intimidation, embarrassment, reprisal, or\nother substantially negative consequences to any person, undermine the\nproper functions of law enforcement including the confidentiality of\ninformants, or on the basis of any other factor identified by the court\nin the interests of justice or public safety. The court shall further\nensure that any property produced pursuant to this paragraph is subject\nto a protective order, where appropriate. The court shall deny any\nrequest made pursuant to this paragraph where:\n (i) (1) the defendant's motion pursuant to section 440.10 of this\narticle does not seek to demonstrate his or her actual innocence of the\noffense or offenses of which he or she was convicted that are the\nsubject of the motion, or (2) the defendant has not presented credible\nallegations and the court has not found that such property, if obtained,\nwould be probative to the determination of the defendant's actual\ninnocence and that the request is reasonable;\n (ii) the defendant has made his or her motion after five years from\nthe date of the judgment of conviction; provided, however, that this\nlimitation period shall be tolled for five years if the defendant is in\ncustody in connection with the conviction that is the subject of his or\nher motion, and provided further that, notwithstanding such limitation\nperiods, the court may consider the motion if t
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