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:
    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.