Motion to dismiss indictment; as defective

§ 210.25 Motion to dismiss indictment; as defective.

An indictment or a count thereof is defective within the meaning of
paragraph (a) of subdivision one of section 210.20 when:

1. It does not substantially conform to the requirements stated in
article two hundred; provided that an indictment may not be dismissed as
defective, but must instead be amended, where the defect or irregularity
is of a kind that may be cured by amendment, pursuant to section 200.70,
and where the people move to so amend; or

2. The allegations demonstrate that the court does not have
jurisdiction of the offense charged; or

3. The statute defining the offense charged is unconstitutional or
otherwise invalid.