NY S06319

Allows courts to vacate convictions for offenses that have been subsequently decriminalized in New York State, treating such convictions as legal nullities

Expands grounds for vacating judgments to include convictions deemed unconstitutional by appellate or federal courts, and explicitly recognizes actual innocence as a basis for vacatur when an applicant proves by preponderance of evidence that no reasonable jury would have found them guilty

Removes procedural barriers that previously required courts to deny motions when defendants failed to raise issues on appeal or in prior proceedings, changing mandatory denial provisions to discretionary

Requires courts to assign defense counsel when applicants present a colorable claim for relief, and mandates disclosure of prosecution files, police records, grand jury minutes, and physical evidence upon request

Requires the Office of Court Administration to collect and publish annual data on post-conviction motions filed under Article 440, including outcomes, whether counsel was assigned, and average processing times by county