N.Y. Criminal Procedure Law § 210.35: Motion to dismiss indictment; defective grand jury proceeding

§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.

A grand jury proceeding is defective within the meaning of paragraph

(c) of subdivision one of section 210.20 when:

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.