§ 19. Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of inno.
183 words·~1 min read·
/ny/executive/reprieves-commutations-and-pardons/19A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 19. Setting aside judgment of conviction and dismissing indictment,
information or complaint in case of pardon of defendant on ground of
innocence. Upon motion duly made therefor, the judgment of conviction
must be set aside and the indictment, information or complaint dismissed
by the court in which the defendant was convicted, in a case where the
defendant shall receive a pardon from the governor stating that such
pardon is issued on the ground of innocence of the crime for which he
was convicted and further stating that such finding of innocence is
based upon evidence discovered after the judgment of conviction was
rendered and after the time within which to make a motion for a new
trial on newly discovered evidence had expired. Such setting aside of a
judgment of conviction and dismissal of an indictment, information or
complaint against a defendant shall place the defendant in the same
position as if the indictment, information or complaint had been
dismissed at the conclusion of the trial by the court because of the
failure to establish the defendant's guilt beyond a reasonable doubt.