New York Consolidated Laws, Criminal Procedure Law - CPL § 170.35 Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint;  as defective




1. An information, a simplified information, a prosecutor's information or a misdemeanor complaint, or a count thereof, is defective within the meaning of paragraph (a) of subdivision one of section 170.30 when:

(a) It is not sufficient on its face pursuant to the requirements of section 100.40 ;  provided that such an instrument or count 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 and where the people move to so amend;  or

(b) The allegations demonstrate that the court does not have jurisdiction of the offense charged;  or

(c) The statute defining the offense charged is unconstitutional or otherwise invalid.

2. An information is also defective when it is filed in replacement of a misdemeanor complaint pursuant to section 170.65 but without satisfying the requirements stated therein.

3. A prosecutor's information is also defective when:

(a) It is filed at the direction of a grand jury, pursuant to section 190.70 , and the offense or offenses charged are not among those authorized by such grand jury direction;  or

(b) It is filed by the district attorney at his own instance, pursuant to subdivision two of section 100.50 , and the factual allegations of the original information underlying it and any supporting depositions are not legally sufficient to support the charge in the prosecutor's information.





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