Section 210.30. Motion to dismiss or reduce indictment on ground of insufficiency of grand jury evidence; motion to inspect grand jury minutes

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  to  inspect
  the  grand  jury  minutes,  as  prescribed  in  subdivision  two of this
  section.
    2. A motion to inspect grand jury minutes is a motion by  a  defendant
  requesting  an  examination  by  the  court  and  the  defendant  of the
  stenographic  minutes  of  a  grand  jury  proceeding  resulting  in  an
  indictment  for  the  purpose of determining whether the evidence before
  the grand jury was legally sufficient to support the charges or a charge
  contained in such indictment.
    3. Unless good cause exists to deny the motion to  inspect  the  grand
  jury  minutes,  the court must grant the motion. It must then proceed to
  examine the minutes and to determine the motion to dismiss or reduce the
  indictment. If the  court,  after  examining  the  minutes,  finds  that
  release  of  the minutes, or certain portions thereof, to the parties is
  necessary to assist the court in making its determination on the motion,
  it may release the minutes or such  portions  thereof  to  the  parties.
  Provided,  however,  such  release  shall  be limited to that grand jury
  testimony which is relevant to a determination of whether  the  evidence
  before  the  grand  jury  was  legally sufficient to support a charge or
  charges contained in such indictment. Prior to such release the district
  attorney shall be given an opportunity to present argument to the  court
  that the release of the minutes, or any portion thereof, would not be in
  the  public  interest.  For  purposes of this section, the minutes shall
  include  any  materials  submitted  to  the  grand  jury   pursuant   to
  subdivision eight of section 190.30 of this chapter.
    4.  If  the  court  determines  that  there is not reasonable cause to
  believe that the evidence before the grand jury may  have  been  legally
  insufficient,  it  may in its discretion either (a) deny both the motion
  to inspect and the motion to dismiss or reduce, or (b) grant the  motion
  to  inspect  notwithstanding  and  proceed to examine the minutes and to
  determine the motion to dismiss or reduce.
    5. In any case, the court must place on the record its ruling upon the
  motion to inspect.
    6. The validity of an order denying any motion made pursuant  to  this
  section  is  not  reviewable  upon an appeal from an ensuing judgment of
  conviction based upon legally sufficient trial evidence.
    7. Notwithstanding any other provision of law, where the indictment is
  filed  against  a  juvenile  offender,  the  court  shall  dismiss   the
  indictment or count thereof where the evidence before the grand jury was
  not  legally  sufficient  to establish the offense charged or any lesser
  included offense for which the defendant is criminally responsible. Upon
  such dismissal, unless the court shall authorize the people to  resubmit
  the charge to a subsequent grand jury, and upon a finding that there was
  sufficient  evidence  to  believe  defendant is a juvenile delinquent as
  defined in subdivision (a) of section seven hundred twelve of the family
  court act and upon specifying  the  act  or  acts  it  found  sufficient
  evidence  to believe defendant committed, the court may direct that such
  matter be removed to family court in accordance with the  provisions  of
  article seven hundred twenty-five of this chapter.