New York Consolidated Laws

N.Y. Executive Law § 19 (2026)

Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of inno...

✓ current as of May 2026

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§ 19. Setting aside judgment of conviction and dismissing indictment,
information or complaint in case of pardon of defendant on ground of
innocence. Upon motion duly made therefor, the judgment of conviction
must be set aside and the indictment, information or complaint dismissed
by the court in which the defendant was convicted, in a case where the
defendant shall receive a pardon from the governor stating that such
pardon is issued on the ground of innocence of the crime for which he
was convicted and further stating that such finding of innocence is
based upon evidence discovered after the judgment of conviction was
rendered and after the time within which to make a motion for a new
trial on newly discovered evidence had expired. Such setting aside of a
judgment of conviction and dismissal of an indictment, information or
complaint against a defendant shall place the defendant in the same
position as if the indictment, information or complaint had been
dismissed at the conclusion of the trial by the court because of the
failure to establish the defendant's guilt beyond a reasonable doubt.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1994–2022 · leading case: People v. Tiger, 32 N.Y.3d 91 (NY 2018).

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People v. Tiger, 32 N.Y.3d 91 (NY 2018). · cites it 2× “And, as a last resort, a convicted defendant may seek executive clemency—a "fail safe" remedy designed to "prevent[ ] miscarriages of justice where judicial process has been exhausted" ( Herrera , 506 US at 411-412, 415 ; see Executive Law § 19). Defendant's "freestanding" claim…”

Wyoming Ex Rel. Crank v. United States, 539 F.3d 1236 (10th Cir. 2008). “§ 12-55-085 (e); Idaho Code § 19-2604 (1); N.Y. Exec. Law § 19 ; Okla. Stat. tit. 10, § 7306-2.”

People v. Cole, 1 Misc. 3d 531 (N.Y. Sup. Ct. 2003). “10 New York provides for the pardon of an actually innocent defendant {see Executive Law § 19; see also People v Chichester, 162 Misc 2d 658, 659 [1994]).”

People v. Chichester, 162 Misc. 2d 658 (1994). · cites it 2× “(Executive Law §19.) It is not logical on the one hand, to recognize a constitutional right to assert a claim of innocence (Herrera v Collins, supra) or a statutory right (Executive Law § 19) and, on the other hand, preclude a convicted defendant from access to materials which…”

Sec. & Exch. Comm'n v. Penn (S.D.N.Y. 2022). “See N.Y. Exec. Law § 19 (2003) (requiring New York courts to set aside a judgment of conviction in cases where the defendant “shall receive a pardon from the governor stating that such pardon is issued on the ground of innocence of the crime for which he was convicted and…”

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