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New York statute

N.Y. Criminal Procedure Law § 210.25 — Motion to dismiss indictment; as defective

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 210: Proceedings In Superior Court From Filing of Indictment to Plea, New York Criminal Procedure Law.

Full text of N.Y. Criminal Procedure Law § 210.25

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.

N.Y. Criminal Procedure Law § 210.25Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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.

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