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