The language in red below would permit a person who pleaded guilty to seek an actual innocence trial. This bill would potentially lead to such a hearing for Jesse Friedman - click here for details. He agreed to a plea bargain in December 1988, almost 37 years ago. Mr. Friedman was released in 2001 and has been seeking an actual innocence hearing ever since.
I will monitor the bill's progress throughout the legislative session.
NY A07422 | 2025-2026 | General Assembly
Status: Introduced on March 25, 2025 - 25% progression
Full language of the bill: https://legiscan.com/NY/text/A07422/id/3188629
§ 440.11 Motion to vacate judgment; change in the law.
7 1. At any time after the entry of a judgment the court in which it was
8 entered may, upon motion of the applicant, vacate such conviction:
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(g) (i) New evidence has been discovered
(ii) New evidence has been discovered since the
56 entry of a judgment based upon a guilty plea, which could not have been
A. 7422 3
1 produced by the applicant prior to the entry of the guilty plea even
2 with due diligence on their part and which is of such a character as to
3 create a reasonable probability that the applicant was actually innocent
4 of the offense and the underlying conduct for which they were convicted.
4. For purposes of paragraphs (g) and (h) of subdivision one of this
20 section, an applicant is actually innocent, where they prove that they
21 did not commit the crime for which they were convicted or that the crime
22 of conviction did not occur. If the court concludes that there is a
23 reasonable probability that the applicant is actually innocent, the
24 court shall vacate the conviction or convictions and order a new trial.
25 If the court concludes by clear and convincing evidence that the appli-
26 cant is actually innocent of the crime, the court shall vacate the
27 conviction or convictions and dismiss with prejudice.
