N.Y. Criminal Procedure Law § 170.50: Motion in superior court to dismiss prosecutor's information

§ 170.50 Motion in superior court to dismiss prosecutor's information.

1. At any time after arraignment in a local criminal court upon a

prosecutor's information filed at the direction of a grand jury and

before entry of a plea of guilty thereto or commencement of a trial

thereof, the local criminal court wherein the prosecutor's information

is filed may, upon motion of the defendant, dismiss such prosecutor's

information or a count thereof upon the ground that:

(a) The evidence before the grand jury was not legally sufficient to

support the charge; or

(b) The grand jury proceeding resulting in the filing of such

prosecutor's information was defective.

2. The criteria and procedures for consideration and disposition of

such motion are the same as those prescribed in sections 210.30 and

210.35, governing consideration and disposition of a motion to dismiss

an indictment on the ground of insufficiency of grand jury evidence or

of a defective grand jury proceeding; and, where appropriate, the

general procedural rules prescribed in section 210.45 for consideration

and disposition of a motion to dismiss an indictment are also

applicable.

3. Upon dismissing a prosecutor's information or a count thereof

pursuant to this section, the court may, upon application of the people,

in its discretion authorize the people to resubmit the charge or charges

to the same or another grand jury. In the absence of such

authorization, such charge or charges may not be resubmitted to a grand

jury. The rules prescribed in subdivisions eight and nine of section

210.45 concerning the discharge of a defendant from custody or

exoneration of bail in the absence of an authorization to resubmit an

indictment to a grand jury, and concerning the issuance of a securing

order and the effective period thereof where such an authorization is

issued, apply equally where a prosecutor's information is dismissed

pursuant to this section.