Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Relief
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

[________________________________] COURT OF THE STATE OF NEW YORK

COUNTY OF [________________________________]

Motion Header

DEFENDANT'S MOTION TO SET ASIDE SENTENCE PURSUANT TO CPL § 440.20

Defendant [________________________________], by [his/her/their] attorney, [________________________________], respectfully moves this Court for an order setting aside the sentence imposed on [__/__/____] on the ground that it was unauthorized, illegally imposed, or otherwise invalid as a matter of law, and for resentencing in accordance with law.

This motion is made pursuant to New York Criminal Procedure Law § 440.20 and is supported by the accompanying affirmation of counsel, the affidavit of [________________________________], and the exhibits annexed hereto.

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. DIN/NYSID Number: [________________________________]

3. Date of Sentencing: [__/__/____]

4. Sentencing Court: [________________________________] Court, [________________________________] County

5. Sentencing Judge: Hon. [________________________________]

6. Offense(s) of Conviction:

7. Plea or Verdict: ☐ Guilty Plea ☐ Jury Verdict ☐ Bench Trial Verdict

8. Sentence Imposed: [________________________________]

9. Date Judgment Entered: [__/__/____]

10. Direct Appeal Status: [________________________________]

Grounds for Relief

Defendant seeks to set aside the sentence on the following grounds (CPL § 440.20(1)):

☐ A. Unauthorized Sentence. The sentence imposed was not authorized by law for the offense of conviction: [________________________________]

☐ B. Illegally Imposed Sentence. The sentence was illegally imposed due to procedural error: [________________________________]

☐ C. Otherwise Invalid as a Matter of Law. The sentence is otherwise invalid: [________________________________]

☐ D. Retroactive Change in Law. A retroactively effective change in the law renders the sentence invalid or excessive: [________________________________]

☐ E. New Information. Information not available at sentencing bears on the appropriateness of the sentence: [________________________________]

☐ F. Disproportionate Sentence. The sentence is unduly harsh and excessive: [________________________________]

☐ G. Cooperation with Authorities. Defendant has provided substantial assistance to law enforcement since sentencing: [________________________________]

Mitigating Factors

The following mitigating factors support resentencing:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's current age: [________________________________]

☐ Prior criminal history (or lack thereof): [________________________________]

☐ Role in the offense (minor or secondary): [________________________________]

☐ Mental health history: [________________________________]

☐ History of trauma, abuse, or neglect: [________________________________]

☐ Substance abuse history and treatment: [________________________________]

☐ Impact on Defendant's dependents and family: [________________________________]

☐ Other mitigating circumstances: [________________________________]

Rehabilitation Evidence

Defendant has demonstrated the following rehabilitative progress:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community organizations (number attached: [____])

☐ Letters from program staff (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court resentence Defendant as follows:

[________________________________]

Legal Authority

A. CPL § 440.20(1) — At any time after the entry of a judgment, the court in which the judgment was entered may, upon motion of the defendant, set aside the sentence upon the ground that it was unauthorized, illegally imposed, or otherwise invalid as a matter of law.

B. CPL § 440.20(2) — The court must deny the motion if the ground raised was previously determined on the merits upon appeal, "unless since the time of such appellate determination there has been a retroactively effective change of law controlling the issue."

C. CPL § 440.46-a — Permits resentencing for certain drug offenses under the Drug Law Reform Act.

D. CPL § 440.46 — Resentencing for certain offenses committed prior to changes in drug sentencing laws.

E. Additional Authority:

[________________________________]

Proposed Order

[________________________________] COURT OF THE STATE OF NEW YORK

COUNTY OF [________________________________]

Indictment/Docket No.: [________________________________]

ORDER ON DEFENDANT'S MOTION TO SET ASIDE SENTENCE

Upon reading the motion of Defendant [________________________________], the affirmation of [________________________________], the exhibits annexed thereto, and the People's response (if any), and after hearing argument of counsel:

IT IS HEREBY ORDERED that:

☐ The motion is GRANTED. The sentence imposed on [__/__/____] is set aside. Defendant is resentenced as follows: [________________________________]

☐ The motion is DENIED.

☐ A hearing is ordered on the following issues: [________________________________]

Dated: [__/__/____]

_________________________________________
Hon. [________________________________]
Justice/Judge

Certificate of Service

I, [________________________________], hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Motion to Set Aside Sentence and all supporting papers on:

☐ Personal delivery
☐ First-class mail, postage prepaid
☐ NYSCEF electronic filing

Office of the District Attorney
[________________________________] County
[________________________________]
[________________________________]

Dated: [__/__/____]

_________________________________________
[________________________________]
Attorney for Defendant
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Filing Deadline: A CPL § 440.20 motion may be filed at any time after entry of judgment. There is no strict filing deadline for this collateral remedy.

Distinction from Appeal: This motion is a collateral post-conviction remedy, not a substitute for direct appeal. The 30-day deadline for filing a notice of appeal is not tolled by this motion. Courts will generally deny the motion if the grounds raised could have been — or were — reviewed on direct appeal, unless a retroactive change in law has occurred.

Relationship to Post-Conviction Relief: Defendants may also seek relief under CPL § 440.10 (motion to vacate judgment) for constitutional violations, or under CPL § 440.46-a for resentencing on certain drug offenses. CPL Article 440 provides the comprehensive framework for post-conviction collateral relief.

Retroactive Sentencing Changes: CPL § 440.20(2) permits reconsideration when there has been a "retroactively effective change in the law." New York courts apply the Pepper three-factor test to determine retroactivity. Full retroactivity is rare and generally limited to new rules that significantly protect the fact-finding process.

Pending Legislation: Senate Bill S7503 (referred to Senate Codes Committee as of early 2025) would add a "Second Chance" provision to CPL § 440.20, authorizing courts to reduce or modify sentences that are "greater than necessary to achieve the purposes of sentencing" for certain eligible individuals. Practitioners should monitor this legislation for potential changes.

Procedural Requirements: The motion must be in writing with sworn factual allegations (CPL § 440.30). If the motion is based on facts not reflected in the court record, supporting affidavits with factual detail are required.