New York statute
N.Y. Criminal Procedure Law § 170.35 — Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint; as defective
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 170: Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 170.35
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
170.35 Motion to dismiss information, simplified information,
prosecutor's information or misdemeanor complaint; as defective.
1. An information, a simplified information, a prosecutor's
information or a misdemeanor complaint, or a count thereof, is defective
within the meaning of paragraph (a) of subdivision one of section 170.30
when:
(a) It is not sufficient on its face pursuant to the requirements of
section 100.40; provided that such an instrument or count 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 and where the
people move to so amend; or
(b) The allegations demonstrate that the court does not have
jurisdiction of the offense charged; or
(c) The statute defining the offense charged is unconstitutional or
otherwise invalid.
2. An information is also defective when it is filed in replacement
of a misdemeanor complaint pursuant to section 170.65 but without
satisfying the requirements stated therein.
3. A prosecutor's information is also defective when:
(a) It is filed at the direction of a grand jury, pursuant to section
190.70, and the offense or offenses charged are not among those
authorized by such grand jury direction; or
(b) It is filed by the district attorney at his own instance,
pursuant to subdivision two of section 100.50, and the factual
allegations of the original information underlying it and any supporting
depositions are not legally sufficient to support the charge in the
prosecutor's information.
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This reference is informational and is not legal advice.