New York Consolidated Laws

N.Y. Criminal Procedure Law § 210.35 (2026)

Motion to dismiss indictment; defective grand jury proceeding

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2005–2024 · leading case: Soto v. City of New York, 132 F. Supp. 3d 424 (E.D.N.Y 2015).

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Soto v. City of New York, 132 F. Supp. 3d 424 (E.D.N.Y 2015). “Based on the explicit directive from the New York Court of Appeals, and in the absence of any New York State precedent to suggest that a lesser standard should be applied to dismissals under Criminal Procedure Law Section 210.35, the Court adheres to the New York Court of…”

People v. Cleland, 51 Misc. 3d 211 (2015). “The grand jury was properly instructed on the law and there is nothing in the record that would show any irregularities or defects in the proceedings that would render them “defective” within the meaning of Criminal Procedure Law § 210.35 (5). Accordingly, it is ordered that the…”

People v. Van Patten, 8 Misc. 3d 224 (2005). “There were no errors or irregularities that would render the grand jury’s proceedings “defective” within the meaning of Criminal Procedure Law § 210.35 (5). Accordingly, the defendant’s motion to dismiss or reduce the charges contained in the indictment is denied.”

People v. Gordon, 2024 NY Slip Op 50146(U) (N.Y. Sup. Kings 2024). · cites it 2× “A grand jury proceeding is defective under Criminal Procedure Law § 210.35 (5) when the proceeding does not conform to the requirements of CPL article 190 "to such [a] degree that the integrity thereof is impaired and prejudice to the defendant may result.”

People v. Jerreld, 19 Misc. 3d 595 (2008). “The grand jury was otherwise properly instructed on the law, and there is no evidence that there were any irregularities or *599 defects in the proceedings that would render them defective within the meaning of Criminal Procedure Law § 210.35 (5). Accordingly, the defendant’s…”

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