Laws of New York (Last Updated: November 21, 2014) |
CPL Criminal Procedure |
Part TWO. THE PRINCIPAL PROCEEDINGS |
Title I. PRELIMINARY PROCEEDINGS IN SUPERIOR COURT |
Article 210. PROCEEDINGS IN SUPERIOR COURT FROM FILING OF INDICTMENT TO PLEA |
Section 210.35. Motion to dismiss indictment; defective grand jury proceeding
Latest version.
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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; or 2. The proceeding is conducted before fewer than sixteen grand jurors; or 3. Fewer than twelve grand jurors concur in the finding of the indictment; or 4. The defendant is not accorded an opportunity to appear and testify before the grand jury in accordance with the provisions of section 190.50; or 5. The proceeding otherwise fails to conform to the requirements of article one hundred ninety to such degree that the integrity thereof is impaired and prejudice to the defendant may result.