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
210.35 - Motion to Dismiss Indictment; Defective Grand Jury Proceeding.
Universal Citation: NY Crim Pro L § 210.35 (2017)
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.
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