N.Y. EXC Law § 19

§ 19. Setting aside judgment of conviction and dismissing indictment,\ninformation or complaint in case of pardon of defendant on ground of\ninnocence. Upon motion duly made therefor, the judgment of conviction\nmust be set aside and the indictment, information or complaint dismissed\nby the court in which the defendant was convicted, in a case where the\ndefendant shall receive a pardon from the governor stating that such\npardon is issued on the ground of innocence of the crime for which he\nwas convicted and further stating that such finding of innocence is\nbased upon evidence discovered after the judgment of conviction was\nrendered and after the time within which to make a motion for a new\ntrial on newly discovered evidence had expired. Such setting aside of a\njudgment of conviction and dismissal of an indictment, information or\ncomplaint against a defendant shall place the defendant in the same\nposition as if the indictment, information or complaint had been\ndismissed at the conclusion of the trial by the court because of the\nfailure to establish the defendant's guilt beyond a reasonable doubt.\n