N.Y. Criminal Procedure Law § 210.25 (2026)

§ 210.25  Motion to dismiss indictment; as defective.
  An indictment or a count thereof is defective within the meaning of
paragraph (a) of subdivision one of section 210.20 when:
  1.  It does not substantially conform to the requirements stated in
article two hundred; provided that an indictment 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, pursuant to section 200.70,
and where the people move to so amend; or
  2.  The allegations demonstrate that the court does not have
jurisdiction of the offense charged; or
  3.  The statute defining the offense charged is unconstitutional or
otherwise invalid.