New York State - Executive - EXC - Article 2-A
ARTICLE 2-A REPRIEVES, COMMUTATIONS AND PARDONS
Section 15. Power of governor to grant reprieves, commutations and pardons.
16. His power; in respect to convictions for treason; duty of the legislature, in such cases.
17. Governor to communicate annually to legislature, reprieves, commutations and pardons.
18. Conditional pardon; procedure on violation of.
19. Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of innocence.
§ 15. Power of governor to grant reprieves, commutations and pardons. The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this article.
§ 16. His power; in respect to convictions for treason; duty of the legislature, in such cases. He may also suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the legislature, at its next meeting, when the legislature must either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve.
§ 17. Governor to communicate annually to legislature, reprieves, commutations and pardons. He must annually communicate to the legislature, each case of reprieve, commutation or pardon; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.
§ 18. Conditional pardon; procedure on violation of. If any person who has been discharged from imprisonment, by virtue of any parole, conditional pardon, or conditional commutation of his sentence, shall violate such condition or neglect to perform it, his parole, pardon or commutation shall be void and he shall be remanded to the place of his former imprisonment and there confined for the unexpired term for which he had been sentenced. Determination of the violation of such parole, pardon or commutation and reincarceration therefor shall be had in the manner prescribed in the correction law.
§ 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.
Section 15. Power of governor to grant reprieves, commutations and pardons.
16. His power; in respect to convictions for treason; duty of the legislature, in such cases.
17. Governor to communicate annually to legislature, reprieves, commutations and pardons.
18. Conditional pardon; procedure on violation of.
19. Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of innocence.
§ 15. Power of governor to grant reprieves, commutations and pardons. The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this article.
§ 16. His power; in respect to convictions for treason; duty of the legislature, in such cases. He may also suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the legislature, at its next meeting, when the legislature must either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve.
§ 17. Governor to communicate annually to legislature, reprieves, commutations and pardons. He must annually communicate to the legislature, each case of reprieve, commutation or pardon; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.
§ 18. Conditional pardon; procedure on violation of. If any person who has been discharged from imprisonment, by virtue of any parole, conditional pardon, or conditional commutation of his sentence, shall violate such condition or neglect to perform it, his parole, pardon or commutation shall be void and he shall be remanded to the place of his former imprisonment and there confined for the unexpired term for which he had been sentenced. Determination of the violation of such parole, pardon or commutation and reincarceration therefor shall be had in the manner prescribed in the correction law.
§ 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.