New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 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.
