{"jurisdiction": "us-ny", "code": "fca", "section": "315.1", "citation": "FCA § 315.1", "heading": "Motion to dismiss; defective petition", "text": ["§ 315.1. Motion to dismiss; defective petition. 1. A petition or a count thereof is defective when:", "(a) it does not substantially conform to the requirements stated in sections 311.1 and 311.2; provided that a petition may not be dismissed as defective, but must instead be amended when the defect or irregularity is of a kind that may be cured by amendment pursuant to section 311.5, and where the presentment agency moves to so amend; or", "(b) the allegations demonstrate that the court does not have jurisdiction of the crime charged; or", "(c) the statute defining the crime charged is unconstitutional or otherwise invalid.", "2. An order dismissing a petition as defective may be issued upon motion of the respondent or of the court itself.", "3. A motion to dismiss under this section must be made within the time provided for in section 332.2."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/315.1", "from_official_api": true, "plain_english": "A petition is **defective** if it doesn't conform to §§ 311.1–311.2, the court lacks jurisdiction, or the statute is unconstitutional. ★ But a **curable** defect must be **amended, not dismissed**, if the agency moves to amend. Timing per § 332.2.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/315.1", "publisher": "Elyphived LLC"}