Webdefective within the meaning of CPL 210.25 (CPL 210.20[1][a]). An indictment is defective, in relevant part, when [t]he statute defining the offense is unconstitutional _ (PL í ì. î ñ[ ï]). 4. The statute defining the offense charged, Penal Law § 265.03(3), is unconstitutional as applied to this case because it prohibits a class of arms ... WebSection 210.20 - Motion to dismiss or reduce indictment 1. After arraignment upon an indictment, the superior court may, upon motion of the defendant, dismiss such indictment or any count thereof upon the ground that: (a) Such indictment or count is defective, within the meaning of section 210.25; or (b) The evidence before the grand jury was not legally …
STATE OF NEW YORK ERIE COUNTY SUPREME COURT …
WebJan 1, 2024 · 1. The indictment or information may set forth the two statements and, without designating either, charge that one of them is false and perjuriously made. 2. The falsity of one or the other of the two statements may be established by proof or a showing of their irreconcilable inconsistency. 3. WebSep 22, 2014 · § 210.20 Motion to dismiss or reduce indictment. 1. After arraignment upon an indictment, the superior court may, upon motion of the defendant, dismiss such … how to use artifacts borderlands 3
2012 New York Consolidated Laws :: CPL - Criminal Procedure :: …
WebDec 13, 2016 · § 210.20 Motion to dismiss or reduce indictment. 1. After arraignment upon an indictment, the superior court may, upon motion of the defendant, dismiss such … WebSep 7, 2024 · The court further denies the defendant's motion for dismissal as a discovery sanction and the defendant's motion to dismiss in the interest of justice pursuant to CPL § 210.20 (1) (i) and 210.40. Webany lesser included offense” (CPL 210.20[1][b]). Legally sufficient evidence is “competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant’s commission thereof” (CPL 70.10[1]). 8 49. The defendant moves for inspection of the Grand Jury minutes for the purpose of how to use artifice in a sentence