Can I file an appeal of denied motion to vacate AND file a motion to reargue?

You can do both at the same time. It might make sense to file the Notice of Appeal and then wait to see the outcome of the motion to re-argue the motion before perfecting the appeal because if you lose the motion to re-argue, you can file a Notice of Appeal on that and then do a combined appeal. This assumes the judge decides the merits of the motion to re-argue becuase you cannot appeal a straight denial of a motion to re-argue. Be sure to timely file the Notice(s) of Appeal. I am a former federal and State prosecutor and now handle criminal defense, including appeals, so please feel free to check out my web site and contact me if you wish to retain counsel. The above is for informational purposes only and not meant as legal advice.

I suggest that you immediately consult with an appellate attorney about the possibility of filing a motion to reargue pursuant to CPLR 2221(d), a motion to renew pursuant to CPLR 2221(e), a combined motion to reargue and renew pursuant to CPLR 2221(f), and/or an appeal of the court’s decision denying your CPL 440 motion without delay since time is of the essence. If you cannot afford an attorney you should request that a public defender be appointed to your case. It sounds like you have way too much at stake to act as your own counsel. I wish your great success in finding the justice you seek.