NY S09198

Adds new section 440.11 allowing courts to vacate convictions at any time for offenses subsequently decriminalized in New York, with the conviction dismissed, sealed, and judgment vacated on the merits.

Expands grounds for motions to vacate judgments under section 440.10 to include convictions deemed unconstitutional by appellate courts and cases where applicants prove actual innocence by preponderance of evidence showing no reasonable jury would convict beyond reasonable doubt.

Broadens evidence standards for motions to include evidence "likely relied upon" by fact finders or parties in plea agreements, removes time constraints on new evidence discovery, and includes repudiated or scientifically undermined expert testimony as grounds for relief.

Establishes right to assigned counsel for pro se applicants with colorable claims, requires courts to order disclosure of prosecution files, defense counsel files, and law enforcement evidence upon request, and removes mandatory denial procedures allowing discretionary consideration of motions.

Requires annual data collection and public reporting by court administration on all article 440 motions filed, including outcomes, conviction charges, counsel assignment rates, and average pending time broken down by county and judicial department.