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Current as of January 01, 2026 | Updated by Findlaw Staff
An indictment or a count thereof is defective within the meaning of paragraph (a) of subdivision one of section 210.20 when:
1. It does not substantially conform to the requirements stated in article two hundred; provided that an indictment 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, pursuant to section 200.70, and where the people move to so amend; or
2. The allegations demonstrate that the court does not have jurisdiction of the offense charged; or
3. The statute defining the offense charged is unconstitutional or otherwise invalid.
Cite this article: FindLaw.com - New York Consolidated Laws, Criminal Procedure Law - CPL § 210.25 Motion to dismiss indictment; as defective - last updated January 01, 2026 | https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-210-25/
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