{"jurisdiction": "us-ny", "code": "cpl", "section": "440.70", "citation": "CPL § 440.70", "heading": "Notice to the secretary of state when false financing statement filed", "text": ["§ 440.70 Notice to the secretary of state when false financing statement", "filed.", "Upon conviction of any person for a crime where the defendant intentionally filed or caused to be filed a financing statement pursuant to article nine of the uniform commercial code on form UCC1 that falsely claims that a person is indebted or obligated to such defendant, the court wherein such conviction is entered, or the clerk thereof, shall issue and cause to be filed a certificate with the New York secretary of state: (a) certifying that a judgment of conviction has been entered in such court against the defendant who was listed as the secured party in such form; and (b) specifying the date and location of the filing, any filing or indexing number assigned to such filing, the debtor named in such statement, and a description of the collateral encumbered by the instrument."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/440.70", "from_official_api": true, "plain_english": "On conviction where the defendant **intentionally filed a false UCC1 financing statement** (UCC art. 9) falsely claiming someone owes them, the **court or clerk** must file a certificate with the **NY Secretary of State** certifying the conviction and specifying the filing's date/location, any filing/index number, the named debtor, and the collateral described. ★\n\n---\n\n**★ Exam hits:**\n- **§ 440.10** = vacate the **conviction**, **any time**, off-record grounds (jurisdiction, fraud, false evidence, mental incapacity, newly discovered evidence, DNA, constitutional violations, trafficking victim). **§ 440.20** = set aside an **illegal sentence**, any time. Sentence-only issues go to **440.20, not 440.10.**\n- **§ 440.10** has **MUST-deny** (subd. 2 — already decided on appeal, or reviewable on a pending appeal) and **MAY-deny** (subd. 3 — could-have-raised-it) rules; ineffective-assistance and trafficking claims are carved out.\n- **§ 440.30 hearing:** defendant bears the burden by a **preponderance of the evidence.** Court must **grant without hearing** on conceded/documented facts; may **deny without hearing** in the listed situations. DNA/property requests carry a **5-year** limit (tolled 5 years if in custody).\n- **People's** sentence motion (**§ 440.40**) has a **1-year** deadline; a harsher resentence auto-extends the defendant's appeal time.\n- Resentencing tracks: **§ 440.46** class B drug felonies pre-**1/13/2005** (excludes violent-felony predicates within 10 years); **§ 440.46-a** marihuana (auto-vacate + petition, presumptions rebutted by **clear and convincing evidence**); **§ 440.47** DV survivors — **8-year** term, **§ 60.12**, **two** corroborating pieces (one official).\n- Notice duties: victim letter within **60 days** (violent felony / art. 125 / art. 130) — § 440.50; Education Dept on a licensee felony — § 440.55; probation-director → DA on invalid probation — § 440.60; child protective services — § 440.65; Secretary of State on false UCC1 — § 440.70 (filed by the **court or clerk**).\n\n\n---\n*Verbatim statute:* [[CPL - Article 440]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/440.70", "publisher": "Elyphived LLC"}