New York Criminal Procedure Law § 170.30 Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint




1. After arraignment upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, the local criminal court may, upon motion of the defendant, dismiss such instrument or any count thereof upon the ground that:

(a) It is defective, within the meaning of section 170.35;  or

(b) The defendant has received immunity from prosecution for the offense charged, pursuant to sections 50.20 or 190.40;  or

(c) The prosecution is barred by reason of a previous prosecution, pursuant to section 40.20;  or

(d) The prosecution is untimely, pursuant to section 30.10;  or

(e) The defendant has been denied the right to a speedy trial;  or

(f) There exists some other jurisdictional or legal impediment to conviction of the defendant for the offense charged;  or

(g) Dismissal is required in furtherance of justice, within the meaning of section 170.40.

2. A motion pursuant to this section, except a motion pursuant to paragraph (e) of subdivision one, should be made within the period provided by section 255.20.  A motion made pursuant to paragraph (e) of subdivision one should be made prior to the commencement of trial or entry of a plea of guilty.

3. Upon the motion, a defendant who is in a position adequately to raise more than one ground in support thereof should raise every such ground upon which he intends to challenge the accusatory instrument.  A subsequent motion based upon such a ground not so raised may be summarily denied, although the court, in the interest of justice and for good cause shown, may in its discretion entertain and dispose of such a motion on the merits notwithstanding.


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