New York Consolidated Laws

N.Y. Criminal Procedure Law § 170.35 (2026)

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

✓ current as of May 2026

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§ 170.35 Motion to dismiss information, simplified information,
        prosecutor's information or misdemeanor complaint; as defective.
  1.  An information, a simplified information, a prosecutor's
information or a misdemeanor complaint, or a count thereof, is defective
within the meaning of paragraph (a) of subdivision one of section 170.30
when:
  (a)  It is not sufficient on its face pursuant to the requirements of
section 100.40; provided that such an instrument or count may not be
dismissed as defective, but must instead be amended, where the defect or
irregularity is of a kind that may be cured by amendment and where the
people move to so amend; or
  (b)  The allegations demonstrate that the court does not have
jurisdiction of the offense charged; or
  (c)  The statute defining the offense charged is unconstitutional or
otherwise invalid.
  2.  An information is also defective when it is filed in replacement
of a misdemeanor complaint pursuant to section 170.65 but without
satisfying the requirements stated therein.
  3.  A prosecutor's information is also defective when:
  (a)  It is filed at the direction of a grand jury, pursuant to section
190.70, and the offense or offenses charged are not among those
authorized by such grand jury direction; or
  (b)  It is filed by the district attorney at his own instance,
pursuant to subdivision two of section 100.50, and the factual
allegations of the original information underlying it and any supporting
depositions are not legally sufficient to support the charge in the
prosecutor's information.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2003–2021 · leading case: People v. Cobb, 2 Misc. 3d 237 (N.Y. City Crim. Ct. 2003).

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People v. Cobb, 2 Misc. 3d 237 (N.Y. City Crim. Ct. 2003). “For example, Criminal Procedure Law § 170.35 (1) (a) provides that an accusatory instrument which is not sufficient on its face “may not be dismissed as defective, but must instead be amended, where the defect or irregularity is of a kind that may be cured by amendment and where…”

People v. West, 4 Misc. 3d 605 (New Paltz Just. Ct. 2004). “If unconstitutional, then the information charging under that section is defective within the meaning of Criminal Procedure Law § 170.35 (1) (c), requiring its dismissal.”

People v. Jakubowski, 42 Misc. 3d 341 (N.Y. City Crim. Ct. 2013). “” Defendant served and filed this motion pursuant to Criminal Procedure Law § 170.35 for an order dismissing this prosecution for facial insufficiency.”

People v. Liccione, 39 Misc. 3d 838 (2013). · cites it 2× “Thereafter, defendant’s counsel filed a motion to dismiss the accusatory instrument pursuant to Criminal Procedure Law § 170.35 (1) (c) and the United States and New York State Constitutions, on the ground that the charged offense under the Hilton Curfew Law is unconstitutional…”

Towner v. Town of Cohocton (W.D.N.Y. 2021). “The order signed by Recktenwald indicates that the criminal information filed against Plaintiff was being dismissed pursuant to New York Criminal Procedure Law § 170.35, stating in pertinent part: ORDERED that the information be, and hereby is dismissed, and it appearing to the…”

People v. Ford, 32 Misc. 3d 674 (N.Y. Sup. Ct. 2011). “Defendant asserts that Supreme Court lacks the requisite subject matter jurisdiction over that matter, citing Criminal Procedure Law § 170.35 (1) and § 170.”

Matter of M.B., 2004 NY Slip Op 51496(U) (N.Y. Fam. Ct., Nassau Cty. 2004). “A virtually identical statute, however, is found in Family Court Act §§311.1 and 311.2. FCA §311.2 states that a petition is "sufficient on its face when".”

People v. West, 2004 NY Slip Op 24224 (New Paltz Just. Ct. 2004). “If unconstitutional, then the information charging under that section is defective within the meaning of Criminal Procedure Law § 170.35 (1) (c), requiring its dismissal.”

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