Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 170.50
Motion in superior court to dismiss prosecutor's information
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 170
§ 170.50 Motion in superior court to dismiss prosecutor's information.

1. At any time after arraignment in a local criminal court upon a
prosecutor's information filed at the direction of a grand jury and
before entry of a plea of guilty thereto or commencement of a trial
thereof, the local criminal court wherein the prosecutor's information
is filed may, upon motion of the defendant, dismiss such prosecutor's
information or a count thereof upon the ground that:

(a) The evidence before the grand jury was not legally sufficient to
support the charge; or

(b) The grand jury proceeding resulting in the filing of such
prosecutor's information was defective.

2. The criteria and procedures for consideration and disposition of
such motion are the same as those prescribed in sections 210.30 and
210.35, governing consideration and disposition of a motion to dismiss
an indictment on the ground of insufficiency of grand jury evidence or
of a defective grand jury proceeding; and, where appropriate, the
general procedural rules prescribed in section 210.45 for consideration
and disposition of a motion to dismiss an indictment are also
applicable.

3. Upon dismissing a prosecutor's information or a count thereof
pursuant to this section, the court may, upon application of the people,
in its discretion authorize the people to resubmit the charge or charges
to the same or another grand jury. In the absence of such
authorization, such charge or charges may not be resubmitted to a grand
jury. The rules prescribed in subdivisions eight and nine of section
210.45 concerning the discharge of a defendant from custody or
exoneration of bail in the absence of an authorization to resubmit an
indictment to a grand jury, and concerning the issuance of a securing
order and the effective period thereof where such an authorization is
issued, apply equally where a prosecutor's information is dismissed
pursuant to this section.