N.Y. Criminal Procedure Law Section 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:


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


The allegations demonstrate that the court does not have jurisdiction of the offense charged; or


The statute defining the offense charged is unconstitutional or otherwise invalid.

Source: Section 210.25 — Motion to dismiss indictment; as defective, https://www.­nysenate.­gov/legislation/laws/CPL/210.­25 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 210.25’s source at nysenate​.gov

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