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This entry was published on 2019-10-04
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SECTION 210.30
Motion to dismiss or reduce indictment on ground of insufficiency of grand jury evidence; motion to inspect grand jury minutes
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 210
§ 210.30 Motion to dismiss or reduce indictment on ground of

insufficiency of grand jury evidence; motion to inspect grand

jury minutes.

1. A motion to dismiss an indictment or a count thereof pursuant to
paragraph (b) of subdivision one of section 210.20 or a motion to reduce
a count or counts of an indictment pursuant to subdivision one-a of
section 210.20 must be preceded or accompanied by a motion to inspect
the grand jury minutes, as prescribed in subdivision two of this
section.

2. A motion to inspect grand jury minutes is a motion by a defendant
requesting an examination by the court and the defendant of the
stenographic minutes of a grand jury proceeding resulting in an
indictment for the purpose of determining whether the evidence before
the grand jury was legally sufficient to support the charges or a charge
contained in such indictment.

3. Unless good cause exists to deny the motion to inspect the grand
jury minutes, the court must grant the motion. It must then proceed to
examine the minutes and to determine the motion to dismiss or reduce the
indictment. If the court, after examining the minutes, finds that
release of the minutes, or certain portions thereof, to the parties is
necessary to assist the court in making its determination on the motion,
it may release the minutes or such portions thereof to the parties.
Provided, however, such release shall be limited to that grand jury
testimony which is relevant to a determination of whether the evidence
before the grand jury was legally sufficient to support a charge or
charges contained in such indictment. Prior to such release the district
attorney shall be given an opportunity to present argument to the court
that the release of the minutes, or any portion thereof, would not be in
the public interest. For purposes of this section, the minutes shall
include any materials submitted to the grand jury pursuant to
subdivision eight of section 190.30 of this chapter.

4. If the court determines that there is not reasonable cause to
believe that the evidence before the grand jury may have been legally
insufficient, it may in its discretion either (a) deny both the motion
to inspect and the motion to dismiss or reduce, or (b) grant the motion
to inspect notwithstanding and proceed to examine the minutes and to
determine the motion to dismiss or reduce.

5. In any case, the court must place on the record its ruling upon the
motion to inspect.

6. The validity of an order denying any motion made pursuant to this
section is not reviewable upon an appeal from an ensuing judgment of
conviction based upon legally sufficient trial evidence.

7. Notwithstanding any other provision of law, where the indictment is
filed against a juvenile offender or adolescent offender, the court
shall dismiss the indictment or count thereof where the evidence before
the grand jury was not legally sufficient to establish the offense
charged or any lesser included offense for which the defendant is
criminally responsible. Upon such dismissal, unless the court shall
authorize the people to resubmit the charge to a subsequent grand jury,
and upon a finding that there was sufficient evidence to believe
defendant is a juvenile delinquent as defined in subdivision (a) of
section seven hundred twelve of the family court act and upon specifying
the act or acts it found sufficient evidence to believe defendant
committed, the court may direct that such matter be removed to family
court in accordance with the provisions of article seven hundred
twenty-five of this chapter.