N.Y. Criminal Procedure Law § 210.35 : Preliminary Proceedings In Superior Court — Criminal Procedure — Proceedings In Superior Court From Filing Of Indictment To Plea — Motion to dismiss indictment; defective grand jury proceeding

23 Jun 2016

Current through 2016 New York Laws, Chapters 1 to 237

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.
N.Y. Crim. Proc. Law § 210.35