N.Y. Executive Law § 19: Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of inno...

§ 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.