New York § 210.35 Motion to dismiss indictment; defective grand jury proceeding

New York Statutes

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

New York § 210.35

JurisdictionNew York

Law CPLCriminal Procedure

Title IPreliminary Proceedings In Superior Court

Part 2The Principal Proceedings

Art. 210Proceedings In Superior Court From Filing of Indictment to Plea

This text of New York § 210.35 (Motion to dismiss indictment; defective grand jury proceeding) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 210.35 (2026).

Text

§ 210.35  Motion to dismiss indictment; defective grand jury proceeding.\n  A grand jury proceeding is defective within the meaning of paragraph\n(c) of subdivision one of section 210.20 when:\n  1.  The grand jury was illegally constituted; or\n  2.  The proceeding is conducted before fewer than sixteen grand\njurors; or\n  3.  Fewer than twelve grand jurors concur in the finding of the\nindictment; or\n  4.  The defendant is not accorded an opportunity to appear and testify\nbefore the grand jury in accordance with the provisions of section\n190.50; or\n  5.  The proceeding otherwise fails to conform to the requirements of\narticle one hundred ninety to such degree that the integrity thereof is\nimpaired and prejudice to the defendant may result.\n

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§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.\n A grand jury proceeding is defective within the meaning of paragraph\n(c) of subdivision one of section 210.20 when:\n 1. The grand jury was illegally constituted; or\n 2. The proceeding is conducted before fewer than sixteen grand\njurors; or\n 3. Fewer than twelve grand jurors concur in the finding of the\nindictment; or\n 4. The defendant is not accorded an opportunity to appear and testify\nbefore the grand jury in accordance with the provisions of section\n190.50; or\n 5. The proceeding otherwise fails to conform to the requirements of\narticle one hundred ninety to such degree that the integrity thereof is\nimpaired and prejudice to the defendant may result.\n