If a local criminal court accusatory instrument filed with a local criminal court
pursuant to section 140.20, 140.25 or 140.40 is not sufficient on its face, as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence
it would be impossible to draw and file an accusatory instrument which is sufficient
on its face, it must dismiss such accusatory instrument and discharge the defendant.
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