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.
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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