Unless an indictment is dismissed or the criminal action thereon terminated or abated pursuant to the provisions of this article or some other provision of law, the defendant must be required to enter a plea thereto.
Unless the indictment is dismissed or the action terminated/abated, the defendant must be required to enter a plea.★
★ Exam hits:
Only two ways to prosecute in superior court: indictment or SCI (§ 210.05). A superior court warrant of arrest is executable anywhere in the state (§ 210.10).
Arraignment (§ 210.15): court informs of charges, DA furnishes a copy of the indictment, defendant has the right to counsel (adjournment / free call / assigned counsel if indigent), and the court issues a securing order (ROR, bail, or commit).
§ 210.20 dismissal grounds (a)–(i): defective, insufficient grand jury evidence, defective grand jury, immunity, prior prosecution, untimely, speedy trial, other legal impediment, interest of justice. Speedy-trial motion (g) must be made before trial/plea. Re-presentment allowed only on (a),(b),(c),(i).
The 30-day stay on a reduction/prosecutor's-information/murder-1 dismissal order: People must accept, resubmit, or appeal (§ 210.20(6)).
Grand jury numbers (§ 210.35): at least 16 present, at least 12 must concur.
Insufficient-evidence motion must be paired with a motion to inspect the minutes (§ 210.30); denial isn't reviewable after a conviction on sufficient trial evidence.
Interest-of-justice dismissal (§ 210.40): discretionary, weigh the 10 listed factors, court states reasons on the record; can be raised by defendant, People, or the court.
Motion procedure (§ 210.45): written + sworn; defendant's burden = preponderance at any hearing; resubmission securing order lapses after 45 days.
Verbatim statute: CPL - Article 210
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.