2013 New York Consolidated Laws
EXC - Executive
Article 2-A - (15 - 19) REPRIEVES, COMMUTATIONS AND PARDONS
19 - Setting aside judgment of conviction and dismissing indictment, information or complaint in case of pardon of defendant on ground of innocence.

 
    § 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.