N.Y. Criminal Procedure Law § 210.30: Motion to dismiss or reduce indictment on ground of insufficiency of grand jury evidence; motion to inspect grand jury minutes

§ 210.30 Motion to dismiss or reduce indictment on ground of

insufficiency of grand jury evidence; motion to inspect grand

jury minutes.

1. A motion to dismiss an indictment or a count thereof pursuant to

paragraph (b) of subdivision one of section 210.20 or a motion to reduce

a count or counts of an indictment pursuant to subdivision one-a of

section 210.20 must be preceded or accompanied by a motion to inspect

the grand jury minutes, as prescribed in subdivision two of this

section.

2. A motion to inspect grand jury minutes is a motion by a defendant

requesting an examination by the court and the defendant of the

stenographic minutes of a grand jury proceeding resulting in an

indictment for the purpose of determining whether the evidence before

the grand jury was legally sufficient to support the charges or a charge

contained in such indictment.

3. Unless good cause exists to deny the motion to inspect the grand

jury minutes, the court must grant the motion. It must then proceed to

examine the minutes and to determine the motion to dismiss or reduce the

indictment. If the court, after examining the minutes, finds that

release of the minutes, or certain portions thereof, to the parties is

necessary to assist the court in making its determination on the motion,

it may release the minutes or such portions thereof to the parties.

Provided, however, such release shall be limited to that grand jury

testimony which is relevant to a determination of whether the evidence

before the grand jury was legally sufficient to support a charge or

charges contained in such indictment. Prior to such release the district

attorney shall be given an opportunity to present argument to the court

that the release of the minutes, or any portion thereof, would not be in

the public interest. For purposes of this section, the minutes shall

include any materials submitted to the grand jury pursuant to

subdivision eight of section 190.30 of this chapter.

4. If the court determines that there is not reasonable cause to

believe that the evidence before the grand jury may have been legally

insufficient, it may in its discretion either (a) deny both the motion

to inspect and the motion to dismiss or reduce, or (b) grant the motion

to inspect notwithstanding and proceed to examine the minutes and to

determine the motion to dismiss or reduce.

5. In any case, the court must place on the record its ruling upon the

motion to inspect.

6. The validity of an order denying any motion made pursuant to this

section is not reviewable upon an appeal from an ensuing judgment of

conviction based upon legally sufficient trial evidence.

7. Notwithstanding any other provision of law, where the indictment is

filed against a juvenile offender or adolescent offender, the court

shall dismiss the indictment or count thereof where the evidence before

the grand jury was not legally sufficient to establish the offense

charged or any lesser included offense for which the defendant is

criminally responsible. Upon such dismissal, unless the court shall

authorize the people to resubmit the charge to a subsequent grand jury,

and upon a finding that there was sufficient evidence to believe

defendant is a juvenile delinquent as defined in subdivision (a) of

section seven hundred twelve of the family court act and upon specifying

the act or acts it found sufficient evidence to believe defendant

committed, the court may direct that such matter be removed to family

court in accordance with the provisions of article seven hundred

twenty-five of this chapter.