Motion to dismiss indictment; defective grand jury proceeding

ยง 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.

CPL 210.35 2014-09-22

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