Statute · New York Criminal Procedure Law
N.Y. Crim. Proc. Law § 210.25 — Motion to dismiss indictment; as defective
N.Y. Crim. Proc. Law § 210.25
- Type
- Statute
- Source
- New York Criminal Procedure Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 210.25 Motion to dismiss indictment; as defective.
Citator
N.Y. Crim. Proc. Law § 210.25 — Motion to dismiss indictment; as defective is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.