New York Consolidated Laws, Criminal Procedure Law - CPL § 210.35 Motion to dismiss indictment;  defective grand jury proceeding

1. The grand jury was illegally constituted;  or

2. The proceeding is conducted before fewer than sixteen grand jurors;  or

3. Fewer than twelve grand jurors concur in the finding of the indictment;  or

4. The defendant is not accorded an opportunity to appear and testify before the grand jury in accordance with the provisions of section 190.50;  or

5. The proceeding otherwise fails to conform to the requirements of article one hundred ninety to such degree that the integrity thereof is impaired and prejudice to the defendant may result.