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This entry was published on 2014-09-22
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SECTION 210.35
Motion to dismiss indictment; defective grand jury proceeding
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 210
§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.

A grand jury proceeding is defective within the meaning of paragraph
(c) of subdivision one of section 210.20 when:

1. The grand jury was illegally constituted; or

2. The proceeding is conducted before fewer than sixteen grand
jurors; or

3. Fewer than twelve grand jurors concur in the finding of the
indictment; or

4. The defendant is not accorded an opportunity to appear and testify
before the grand jury in accordance with the provisions of section
190.50; or

5. The proceeding otherwise fails to conform to the requirements of
article one hundred ninety to such degree that the integrity thereof is
impaired and prejudice to the defendant may result.