New York Consolidated Laws, Family Court Act - FCT § 315.1. Motion to dismiss;  defective petition

(a) it does not substantially conform to the requirements stated in sections 311.1 and 311.2;  provided that a petition may not be dismissed as defective, but must instead be amended when the defect or irregularity is of a kind that may be cured by amendment pursuant to section 311.5, and where the presentment agency moves to so amend;  or

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

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