2006 New York Code - Motion To Dismiss; Defective Petition.

 
    §  315.1.  Motion  to  dismiss; defective petition. 1. A petition or a
  count thereof is defective when:
    (a) it does not substantially conform to the  requirements  stated  in
  sections  311.1 and 311.2; provided that a petition may not be dismissed
  as  defective,  but  must  instead  be  amended  when  the   defect   or
  irregularity  is  of  a  kind that may be cured by amendment pursuant to
  section 311.5, and where the presentment agency moves to so amend; or
    (b)  the  allegations  demonstrate  that  the  court  does  not   have
  jurisdiction of the crime charged; or
    (c)  the  statute  defining  the  crime charged is unconstitutional or
  otherwise invalid.
    2. An order dismissing a petition as  defective  may  be  issued  upon
  motion of the respondent or of the court itself.
    3. A motion to dismiss under this section must be made within the time
  provided for in section 332.2.