An Article 440 motion allows you to inform the trial court of facts that were not in the trial record. New York's post-conviction statute allows defense counsel to bring 440.10 motions to vacate judgments at any time after judgment, including prior to the filing.In a New York claim, courts have said that an Article 440 motion is usually the correct way to raise an ineffective assistance of counsel claim. You can make a motion for ineffective assistance of counsel during your trial if you feel that your lawyer is not performing their duties. If you believe that your lawyer did not adequately represent you when filing your appeal, you may be able to file a motion for post-conviction relief. Assist defense counsel working on New York CPL 440 motions and direct appeals that involve the issue of ineffective assistance of counsel. The only way to raise claims of ineffective assistance on direct appeal is to properly raise them in a motion for new trial under Rule 24.1. Your new counsel can then pursue that remedy aggressively. The numbered steps listed below tell you what forms you will need to fill out and what to do with them. Crampe 2011 NY Slip Op 07148 (also includes decision on People v. Wingate).
