§ 210.25 Motion to dismiss indictment; as defective | Statutes | Westlaw

§ 210.25 Motion to dismiss indictment; as defective | Statutes | Westlaw

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§ 210.25 Motion to dismiss indictment; as defective

NY CRIM PRO § 210.25McKinney's Consolidated Laws of New York AnnotatedCriminal Procedure Law (Approx. 2 pages)

§ 210.25 Motion to dismiss indictment; as defective

NY CRIM PRO § 210.25McKinney's Consolidated Laws of New York AnnotatedCriminal Procedure Law (Approx. 2 pages)

McKinney's Consolidated Laws of New York Annotated
Criminal Procedure Law (Refs & Annos)
Chapter 11-a. Of the Consolidated Laws (Refs & Annos)
Part Two. The Principal Proceedings
Title I. Preliminary Proceedings in Superior Court
Article 210. Proceedings in Superior Court from Filing of Indictment to Plea (Refs & Annos)
McKinney's CPL § 210.25
§ 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.

Credits

(L.1970, c. 996, § 1.)
McKinney's CPL § 210.25, NY CRIM PRO § 210.25
Current through L.2024, chapters 1 to 57, 59, 61 to 117. Some statute sections may be more current, see credits for details.
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