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This entry was published on 2021-02-05
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SECTION 170.30
Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 170
§ 170.30 Motion to dismiss information, simplified information,

prosecutor's information or misdemeanor complaint.

1. After arraignment upon an information, a simplified information, a
prosecutor's information or a misdemeanor complaint, the local criminal
court may, upon motion of the defendant, dismiss such instrument or any
count thereof upon the ground that:

(a) It is defective, within the meaning of section 170.35; or

(b) The defendant has received immunity from prosecution for the
offense charged, pursuant to sections 50.20 or 190.40; or

(c) The prosecution is barred by reason of a previous prosecution,
pursuant to section 40.20; or

(d) The prosecution is untimely, pursuant to section 30.10; or

(e) The defendant has been denied the right to a speedy trial; or

(f) There exists some other jurisdictional or legal impediment to
conviction of the defendant for the offense charged; or

(g) Dismissal is required in furtherance of justice, within the
meaning of section 170.40.

2. A motion pursuant to this section, except a motion pursuant to
paragraph (e) of subdivision one, should be made within the period
provided by section 255.20. A motion made pursuant to paragraph (e) of
subdivision one should be made prior to the commencement of trial or
entry of a plea of guilty.

3. Upon the motion, a defendant who is in a position adequately to
raise more than one ground in support thereof should raise every such
ground upon which he intends to challenge the accusatory instrument. A
subsequent motion based upon such a ground not so raised may be
summarily denied, although the court, in the interest of justice and for
good cause shown, may in its discretion entertain and dispose of such a
motion on the merits notwithstanding.

4. After arraignment upon an information, a simplified information, a
prosecutor's information or misdemeanor complaint on a charge of
prostitution pursuant to section 230.00 of the penal law the local
criminal court may dismiss such charge in its discretion in the interest
of justice on the ground that a defendant participated in services
provided to him or her.