2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 170 - (170.10 - 170.70) PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR'S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA
170.50 - Motion in superior court to dismiss prosecutor's information.

 
  § 170.50 Motion in superior court to dismiss prosecutor's information.
    1.    At  any  time after arraignment in a local criminal court upon a
  prosecutor's information filed at the direction  of  a  grand  jury  and
  before  entry  of  a  plea  of guilty thereto or commencement of a trial
  thereof, the local criminal court wherein the  prosecutor's  information
  is  filed  may,  upon motion of the defendant, dismiss such prosecutor's
  information or a count thereof upon the ground that:
    (a)  The evidence before the grand jury was not legally sufficient  to
  support the charge; or
    (b)    The  grand  jury  proceeding  resulting  in  the filing of such
  prosecutor's information was defective.
    2.  The criteria and procedures for consideration and  disposition  of
  such  motion  are  the  same  as those prescribed in sections 210.30 and
  210.35, governing consideration and disposition of a motion  to  dismiss
  an  indictment  on the ground of insufficiency of grand jury evidence or
  of a defective  grand  jury  proceeding;  and,  where  appropriate,  the
  general  procedural rules prescribed in section 210.45 for consideration
  and  disposition  of  a  motion  to  dismiss  an  indictment  are   also
  applicable.
    3.    Upon  dismissing  a  prosecutor's information or a count thereof
  pursuant to this section, the court may, upon application of the people,
  in its discretion authorize the people to resubmit the charge or charges
  to  the  same  or  another  grand  jury.    In  the  absence   of   such
  authorization,  such charge or charges may not be resubmitted to a grand
  jury.  The rules prescribed in subdivisions eight and  nine  of  section
  210.45   concerning  the  discharge  of  a  defendant  from  custody  or
  exoneration of bail in the absence of an authorization  to  resubmit  an
  indictment  to  a  grand jury, and concerning the issuance of a securing
  order and the effective period thereof where such  an  authorization  is
  issued,  apply  equally  where  a  prosecutor's information is dismissed
  pursuant to this section.