{"jurisdiction": "us-ny", "code": "cpl", "section": "210.25", "citation": "CPL § 210.25", "heading": "Motion to dismiss indictment; as defective", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/210.25", "from_official_api": true, "plain_english": "An indictment/count is **defective** when: ★\n1. 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**;\n2. the allegations show the **court lacks jurisdiction** of the offense; or\n3. the **statute defining the offense is unconstitutional** or otherwise invalid.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/210.25", "publisher": "Elyphived LLC"}