New York statute
N.Y. Criminal Procedure Law § 170.50 — Motion in superior court to dismiss prosecutor's information
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 170: Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 170.50
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
170.50 Motion in superior court to dismiss prosecutor's information.
1. At any time after arraignment in a local criminal court upon a
prosecutor's information filed at the direction of a grand jury and
before entry of a plea of guilty thereto or commencement of a trial
thereof, the local criminal court wherein the prosecutor's information
is filed may, upon motion of the defendant, dismiss such prosecutor's
information or a count thereof upon the ground that:
(a) The evidence before the grand jury was not legally sufficient to
support the charge; or
(b) The grand jury proceeding resulting in the filing of such
prosecutor's information was defective.
2. The criteria and procedures for consideration and disposition of
such motion are the same as those prescribed in sections 210.30 and
210.35, governing consideration and disposition of a motion to dismiss
an indictment on the ground of insufficiency of grand jury evidence or
of a defective grand jury proceeding; and, where appropriate, the
general procedural rules prescribed in section 210.45 for consideration
and disposition of a motion to dismiss an indictment are also
applicable.
3. Upon dismissing a prosecutor's information or a count thereof
pursuant to this section, the court may, upon application of the people,
in its discretion authorize the people to resubmit the charge or charges
to the same or another grand jury. In the absence of such
authorization, such charge or charges may not be resubmitted to a grand
jury. The rules prescribed in subdivisions eight and nine of section
210.45 concerning the discharge of a defendant from custody or
exoneration of bail in the absence of an authorization to resubmit an
indictment to a grand jury, and concerning the issuance of a securing
order and the effective period thereof where such an authorization is
issued, apply equally where a prosecutor's information is dismissed
pursuant to this section.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.