CPL § 210.35

Motion to dismiss indictment; defective grand jury proceeding

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/210.35

In plain English

A grand jury proceeding is defective when: ★

1. the grand jury was illegally constituted;

2. the proceeding was conducted before fewer than sixteen (16) grand jurors; ★

3. fewer than twelve (12) grand jurors concur in the indictment; ★

4. the defendant was not accorded an opportunity to appear and testify under § 190.50; or

5. the proceeding otherwise fails to conform to Article 190 to a degree that its integrity is impaired and prejudice may result.

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.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.