{"jurisdiction": "us-ny", "code": "cpl", "section": "210.35", "citation": "CPL § 210.35", "heading": "Motion to dismiss indictment; defective grand jury proceeding", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/CPL/210.35", "from_official_api": true, "plain_english": "A grand jury proceeding is **defective** when: ★\n1. the grand jury was **illegally constituted**;\n2. the proceeding was conducted before **fewer than sixteen (16) grand jurors**; ★\n3. **fewer than twelve (12) grand jurors concur** in the indictment; ★\n4. the defendant was **not accorded an opportunity to appear and testify** under § 190.50; or\n5. the proceeding otherwise fails to conform to Article 190 to a degree that its **integrity is impaired and prejudice may result.**", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/210.35", "publisher": "Elyphived LLC"}