New York statute
N.Y. Criminal Procedure Law § 210.35 — Motion to dismiss indictment; defective grand jury proceeding
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 § 210.35
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.
210.35 Motion to dismiss indictment; defective grand jury proceeding.
A grand jury proceeding is defective within the meaning of paragraph
(c) of subdivision one of section 210.20 when:
1. The grand jury was illegally constituted; or
2. The proceeding is conducted before fewer than sixteen grand
jurors; or
3. Fewer than twelve grand jurors concur in the finding of the
indictment; or
4. The defendant is not accorded an opportunity to appear and testify
before the grand jury in accordance with the provisions of section
190.50; or
5. The proceeding otherwise fails to conform to the requirements of
article one hundred ninety to such degree that the integrity thereof is
impaired and prejudice to the defendant may result.
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This reference is informational and is not legal advice.