Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint
§ 170.30 Motion to dismiss information, simplified information,
prosecutor's information or misdemeanor complaint.
1. After arraignment upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, the local criminal court may, upon motion of the defendant, dismiss such instrument or any count thereof upon the ground that:
(a) It is defective, within the meaning of section 170.35; or
(b) The defendant has received immunity from prosecution for the offense charged, pursuant to sections 50.20 or 190.40; or
(c) The prosecution is barred by reason of a previous prosecution, pursuant to section 40.20; or
(d) The prosecution is untimely, pursuant to section 30.10; or
(e) The defendant has been denied the right to a speedy trial; or
(f) There exists some other jurisdictional or legal impediment to conviction of the defendant for the offense charged; or
(g) Dismissal is required in furtherance of justice, within the meaning of section 170.40.
2. A motion pursuant to this section, except a motion pursuant to paragraph (e) of subdivision one, should be made within the period provided by section 255.20. A motion made pursuant to paragraph (e) of subdivision one should be made prior to the commencement of trial or entry of a plea of guilty.
3. Upon the motion, a defendant who is in a position adequately to raise more than one ground in support thereof should raise every such ground upon which he intends to challenge the accusatory instrument. A subsequent motion based upon such a ground not so raised may be summarily denied, although the court, in the interest of justice and for good cause shown, may in its discretion entertain and dispose of such a motion on the merits notwithstanding.
4. After arraignment upon an information, a simplified information, a prosecutor's information or misdemeanor complaint on a charge of prostitution pursuant to section 230.00 of the penal law the local criminal court may dismiss such charge in its discretion in the interest of justice on the ground that a defendant participated in services provided to him or her.
After arraignment, the local court may, on the defendant's motion, dismiss on the ground that: (a) it's defective (§ 170.35); (b) defendant got immunity; (c) barred by previous prosecution (§ 40.20 double jeopardy); (d) untimely (§ 30.10 statute of limitations); (e) denial of speedy trial; (f) some other jurisdictional/legal impediment; (g) furtherance of justice (§ 170.40). ★
(2) Timing: motions go in within the § 255.20 period — except the speedy-trial (e) motion, which is made before trial or guilty plea. ★
(3) Raise all available grounds at once; a later motion on an unraised ground may be summarily denied. ★
(4) For a prostitution (PL § 230.00) charge, the court may dismiss in the interest of justice on the ground the defendant participated in services provided.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.