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N.Y. CPL Law § 210.35

This is the official text of N.Y. CPL Law § 210.35, part of New York’s CPL Law — part of the compiled statutory law of New York, published by the state as "CPL Law." Browse the sections below, each linked to its official government source.

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Motion to dismiss indictment; defective grand jury proceeding

Official statutory text

§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.\n A grand jury proceeding is defective within the meaning of paragraph\n(c) of subdivision one of section 210.20 when:\n 1. The grand jury was illegally constituted; or\n 2. The proceeding is conducted before fewer than sixteen grand\njurors; or\n 3. Fewer than twelve grand jurors concur in the finding of the\nindictment; or\n 4. The defendant is not accorded an opportunity to appear and testify\nbefore the grand jury in accordance with the provisions of section\n190.50; or\n 5. The proceeding otherwise fails to conform to the requirements of\narticle one hundred ninety to such degree that the integrity thereof is\nimpaired and prejudice to the defendant may result.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.