N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Preliminary Proceedings In Local Criminal Court / ARTICLE Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea
New York Consolidated Laws

N.Y. Criminal Procedure Law § 170.30 (2026)

Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint

✓ current as of May 2026
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§ 170.30 Motion to dismiss information, simplified information,
           prosecutor's information or misdemeanor complaint.
  1. After arraignment upon an information, a simplified information, a
prosecutor's information or a misdemeanor complaint, the local criminal
court may, upon motion of the defendant, dismiss such instrument or any
count thereof upon the ground that:
  (a) It is defective, within the meaning of section 170.35; or
  (b) The defendant has received immunity from prosecution for the
offense charged, pursuant to sections 50.20 or 190.40; or
  (c) The prosecution is barred by reason of a previous prosecution,
pursuant to section 40.20; or
  (d) The prosecution is untimely, pursuant to section 30.10; or
  (e) The defendant has been denied the right to a speedy trial; or
  (f) There exists some other jurisdictional or legal impediment to
conviction of the defendant for the offense charged; or
  (g) Dismissal is required in furtherance of justice, within the
meaning of section 170.40.
  2. A motion pursuant to this section, except a motion pursuant to
paragraph (e) of subdivision one, should be made within the period
provided by section 255.20. A motion made pursuant to paragraph (e) of
subdivision one should be made prior to the commencement of trial or
entry of a plea of guilty.
  3. Upon the motion, a defendant who is in a position adequately to
raise more than one ground in support thereof should raise every such
ground upon which he intends to challenge the accusatory instrument. A
subsequent motion based upon such a ground not so raised may be
summarily denied, although the court, in the interest of justice and for
good cause shown, may in its discretion entertain and dispose of such a
motion on the merits notwithstanding.
  4. After arraignment upon an information, a simplified information, a
prosecutor's information or misdemeanor complaint on a charge of
prostitution pursuant to section 230.00 of the penal law the local
criminal court may dismiss such charge in its discretion in the interest
of justice on the ground that a defendant participated in services
provided to him or her.
Notes of Decisions
Cited in 32 cases (4 in the last 5 years), 2003–2026 · leading case: Arum v. Miller, 273 F. Supp. 2d 229 (E.D.N.Y 2003).
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Arum v. Miller, 273 F. Supp. 2d 229 (E.D.N.Y 2003). · cites it 2× “Miller also did not want her prosecuted. Rather, Miller just wanted her to leave the premises that day.”
Genovese v. Cnty. of Suffolk, 128 F. Supp. 3d 661 (E.D.N.Y 2015). “Defendants argue that the criminal prosecution did not terminate in plaintiffs favor because it was dismissed “in furtherance of justice” pursuant to N.Y. Criminal Procedure Law § 170.30 (g).”
People v. Gibble, 2 Misc. 3d 510 (N.Y. City Crim. Ct. 2003). “00), moves to dismiss those charges pursuant to Criminal Procedure Law § 170.30 (1) (a) on the ground that the accusatory instrument is facially insufficient.”
People v. Lobianco, 2 Misc. 3d 419 (N.Y. City Crim. Ct. 2003). “45, as defined by Public Health Law § 3381 is unconstitutionally vague in its application within the meaning of New York Constitution, article I, § 8, and United States Constitution Amendments I, V, and XIV; (2) dismissing the complaint pursuant to Criminal Procedure Law §…”
People v. Pelegrin, 39 Misc. 3d 788 (N.Y. City Crim. Ct. 2013). “Defendant Luis Pelegrin, charged with violating Vehicle and Traffic Law § 1192 (1), (2) and (3), operating a motor vehicle while under the influence of alcohol or drugs, moves pursuant to Criminal Procedure Law § 170.30 (1) (f) 1 to dismiss the charges against him on the grounds…”
People v. Nunez, 36 Misc. 3d 172 (N.Y. City Crim. Ct. 2012). · cites it 2× “The defendant, Ronnie Nunez now moves the court for an order inter alia: dismissing the accusatory instrument pursuant to Criminal Procedure Law § 170.30 (1) (a) and pursuant to Criminal Procedure Law § 170.”
People v. Venturo, 51 Misc. 3d 216 (N.Y. City Crim. Ct. 2015). “He moves for an order dismissing all counts as facially insufficient pursuant to Criminal Procedure Law §§ 170.30 (1) (a); 100.”
People v. Haugh, 26 Misc. 3d 1029 (2009). · cites it 2× “The defendant moved to dismiss the charges in furtherance of justice pursuant to Criminal Procedure Law § 170.30 (1) (g) and § 170.”
People v. Furst, 1 Misc. 3d 654 (2003). “Criminal Procedure Law § 170.30 (1) states, in pertinent part, as follows: “After arraignment upon .”
People v. Calixto, 29 Misc. 3d 798 (N.Y. City Crim. Ct. 2010). “The defendant’s omnibus motion is decided as follows: Dismissal of Count One for Facial Insufficiency The defendant moves to dismiss the count of assault in the third degree for facial insufficiency pursuant to Criminal Procedure Law § 170.30 (1) (a) and § 170.”
People v. Dudley, 53 Misc. 3d 679 (N.Y. City Crim. Ct. 2016). “01 [2]) and in count two with criminal possession of knives or dangerous instruments (Administrative Code of City of NY § 10-133 [b]), moves for an order dismissing count one of the information pursuant to Criminal Procedure Law §§ 170.30, 170.35 and 100.”
People v. Oldham, 54 Misc. 3d 303 (N.Y. City Crim. Ct. 2016). “01 [2]), moves to dismiss the information for facial insufficiency pursuant to Criminal Procedure Law §§ 170.30, 170.35 and 100.”
Show all 32 citing cases →
— N.Y. Criminal Procedure Law § 170.30(1) — 1 case
Lopez-Motherway v. City of Long Beach (E.D.N.Y 2021).
— N.Y. Criminal Procedure Law § 170.30(1)(a) — 1 case
People v. Gardner, 2024 NY Slip Op 24325 (2024).
— N.Y. Criminal Procedure Law § 170.30(1)(e) — 1 case
People v. Skoblicki, 2026 NY Slip Op 50012(U) (2026).
— N.Y. Criminal Procedure Law § 170.30(l)(g) — 1 case
Arum v. Miller, 273 F. Supp. 2d 229 (E.D.N.Y 2003). “Miller also did not want her prosecuted. Rather, Miller just wanted her to leave the premises that day.”
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