§ 170.30 — Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint

New York § 170.30

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title H: Preliminary Proceedings In Local Criminal Court
• Part 2: The Principal Proceedings
• Art. 170: Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea

Text

§ 170.30 Motion to dismiss information, simplified information,\n prosecutor's information or misdemeanor complaint.\n 1. After arraignment upon an information, a simplified information, a\nprosecutor's information or a misdemeanor complaint, the local criminal\ncourt may, upon motion of the defendant, dismiss such instrument or any\ncount thereof upon the ground that:\n (a) It is defective, within the meaning of section 170.35; or\n (b) The defendant has received immunity from prosecution for the\noffense charged, pursuant to sections 50.20 or 190.40; or\n (c) The prosecution is barred by reason of a previous prosecution,\npursuant to section 40.20; or\n (d) The prosecution is untimely, pursuant to section 30.10; or\n (e) The defendant has been denied the right to a speedy trial; or\n (f) There exists some other jurisdictional or legal impediment to\nconviction of the defendant for the offense charged; or\n (g) Dismissal is required in furtherance of justice, within the\nmeaning of section 170.40.\n 2. A motion pursuant to this section, except a motion pursuant to\nparagraph (e) of subdivision one, should be made within the period\nprovided by section 255.20. A motion made pursuant to paragraph (e) of\nsubdivision one should be made prior to the commencement of trial or\nentry of a plea of guilty.\n 3. Upon the motion, a defendant who is in a position adequately to\nraise more than one ground in support thereof should raise every such\nground upon which he intends to challenge the accusatory instrument. A\nsubsequent motion based upon such a ground not so raised may be\nsummarily denied, although the court, in the interest of justice and for\ngood cause shown, may in its discretion entertain and dispose of such a\nmotion on the merits notwithstanding.\n 4. After arraignment upon an information, a simplified information, a\nprosecutor's information or misdemeanor complaint on a charge of\nprostitution pursuant to section 230.00 of the penal law the local\ncriminal court may dismiss such charge in its discretion in the interest\nof justice on the ground that a defendant participated in services\nprovided to him or her.\n