Statute · New York Criminal Procedure Law

N.Y. Crim. Proc. Law § 210.35 — Motion to dismiss indictment; defective grand jury proceeding

N.Y. Crim. Proc. Law § 210.35

Type: Statute
Source: New York Criminal Procedure Law
Jurisdiction: New York
Current through: Nov 5, 2026 (NY Senate Open Legislation)

§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.

Citator

N.Y. Crim. Proc. Law § 210.35 — Motion to dismiss indictment; defective grand jury proceeding is in force in the current edition of the Code, and nothing recorded condemns it.

§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.

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.