More Categories

Section 210.25 – Motion to dismiss indictment; as defective

May 14, 2021 | Criminal Procedure, New York

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.

N.Y. Crim. Proc. Law ยง 210.25