Motion to dismiss indictment; as defective
§ 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.
An indictment/count is defective when: ★
1. it doesn't substantially conform to Article 200 — but if the defect is curable by amendment (§ 200.70) and the People move to amend, it must be amended, not dismissed;
2. the allegations show the court lacks jurisdiction of the offense; or
3. the statute defining the offense is unconstitutional or otherwise invalid.
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.