2010 New York Code
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title J - PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE
Article 290 - (290.10) JURY TRIAL--TRIAL ORDER OF DISMISSAL
290.10 - Trial order of dismissal.

§ 290.10  Trial order of dismissal.
    1.  At the conclusion of the people's case or at the conclusion of all
  the evidence, the court may, except as provided in subdivision two, upon
  motion  of  the  defendant,  (a)  issue  a  "trial  order of dismissal,"
  dismissing any count of an indictment upon the  ground  that  the  trial
  evidence  is  not  legally  sufficient  to establish the offense charged
  therein or any lesser included offense, or (b) reserve decision  on  the
  motion  until  after  the  verdict has been rendered and accepted by the
  court. Where the court has reserved decision  and  the  jury  thereafter
  renders  a  verdict  of guilty, the court shall proceed to determine the
  motion upon such evidence as it would have been authorized  to  consider
  upon  the  motion  had  the  court  not  reserved decision. If the court
  determines that such motion should have been  granted  upon  the  ground
  specified  in paragraph (a) herein, it shall enter an order both setting
  aside the verdict and dismissing any count of the indictment  upon  such
  ground.  If  the  jury  is  discharged before rendition of a verdict the
  court shall proceed to  determine  the  motion  as  set  forth  in  this
  paragraph.
    2.    Despite the lack of legally sufficient trial evidence in support
  of a count of an indictment as described in subdivision one, issuance of
  a trial order of dismissal is not authorized and constitutes error  when
  the  trial evidence would have been legally sufficient had the court not
  erroneously excluded admissible evidence offered by the people.
    3.  When the court excludes trial evidence offered by the people under
  such circumstances that the substance or content thereof does not appear
  in the record, the people may, in anticipation of a possible  subsequent
  trial order of dismissal emanating from the allegedly improper exclusion
  and   erroneously  issued  in  violation  of  subdivision  two,  and  in
  anticipation of a possible appeal therefrom pursuant to subdivision  two
  of  section  450.20,  place  upon the record, out of the presence of the
  jury, an "offer of proof" summarizing the substance or content  of  such
  excluded  evidence.    Upon  the subsequent issuance of a trial order of
  dismissal and an appeal therefrom, such offer  of  proof  constitutes  a
  part  of  the  record  on  appeal  and  has  the effect and significance
  prescribed in subdivision two of section 450.40.  In the absence of such
  an order and an appeal therefrom, such offer of proof is  not  deemed  a
  part  of  the  record  and  does  not constitute such for purposes of an
  ensuing appeal by the defendant from a judgment of conviction.
    4.  Upon issuing a trial order of dismissal which dismisses the entire
  indictment, the court must  immediately  discharge  the  defendant  from
  custody  if  he is in custody of the sheriff, or, if he is at liberty on
  bail, it must exonerate the bail.