There is a newer version
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the New York Laws
2017 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea
210.25 - Motion to Dismiss Indictment; as Defective.
Universal Citation: NY Crim Pro L § 210.25 (2017)
210.25 Motion to dismiss indictment; as defective.An indictment or a count thereof is defective within the meaning of paragraph (a) of subdivision one of section 210.20 when:
1. It does not substantially conform to the requirements stated in article two hundred; provided that an indictment may not be dismissed as defective, but must instead be amended, where the defect or irregularity is of a kind that may be cured by amendment, pursuant to section 200.70, and where the people move to so amend; or
2. The allegations demonstrate that the court does not have jurisdiction of the offense charged; or
3. The statute defining the offense charged is unconstitutional or otherwise invalid.
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