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 210.25
Motion to dismiss indictment; as defective
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 210
§ 210.25 Motion to dismiss indictment; as defective.

An indictment or a count thereof is defective within the meaning of
paragraph (a) of subdivision one of section 210.20 when:

1. It does not substantially conform to the requirements stated in
article two hundred; provided that an indictment may not be dismissed as
defective, but must instead be amended, where the defect or irregularity
is of a kind that may be cured by amendment, pursuant to section 200.70,
and where the people move to so amend; or

2. The allegations demonstrate that the court does not have
jurisdiction of the offense charged; or

3. The statute defining the offense charged is unconstitutional or
otherwise invalid.