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CPL 210.25 · Article 210. Proceedings In Superior Court From Filing of Indictment to Plea

Motion to dismiss indictment; as defective

Verbatim from the official edition

Text — Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)

§ 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.

Source of truth

Edition
Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/CPL210.25
Text hash
sha256 ec7229d8ebbee949267d8653743e1168e967754af227e3139cc396b778a1f908
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.