by admin | May 14, 2021 | Criminal Procedure, New York
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; or2. The proceeding is conducted before fewer than sixteen grand jurors; or3. Fewer than twelve grand jurors...
by admin | May 14, 2021 | Criminal Procedure, New York
1. A motion to dismiss an indictment or a count thereof pursuant to paragraph (b) of subdivision one of section 210.20 or a motion to reduce a count or counts of an indictment pursuant to subdivision one-a of section 210.20 must be preceded or accompanied by a motion...
by admin | 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...
by admin | May 14, 2021 | Criminal Procedure, New York
1. After arraignment upon an indictment, the superior court may, upon motion of the defendant, dismiss such indictment or any count thereof upon the ground that: (a) Such indictment or count is defective, within the meaning of section 210.25; or(b) The evidence before...
by admin | May 14, 2021 | Criminal Procedure, New York
1.(a) In a case where an indictment or a superior court information has been filed with a superior court which charges the defendant with a felony offense enumerated in any section of article one hundred thirty of the penal law where an act of “sexual...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Upon the defendant’s arraignment before a superior court upon an indictment, the court must immediately inform him, or cause him to be informed in its presence, of the charge or charges against him, and the district attorney must cause him to be furnished...
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