Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:
" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;
" When more than one offense is charged in a single count;
" When it does not describe a public offense;
" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;
" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and
" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.
The above is not an exhaustive list.
A New York Motion to Dismiss Counts of Indictment is a legal action taken by a defendant in a criminal case to request the court to dismiss specific charges listed in the indictment. It is a significant aspect of the pre-trial stage where the defendant challenges the sufficiency of the evidence or the legal grounds on which the charges are based. Types of New York Motion to Dismiss Counts of Indictment: 1. Insufficient Evidence Motion: This type of motion argues that there is inadequate proof or lack of credible evidence to support the charges stated in the indictment. The defendant's legal representation will present arguments and evidence to demonstrate that the prosecution does not have enough evidence to convict the defendant of the alleged crime. 2. Legal Invalidity Motion: This type of motion asserts that even if the facts alleged in the indictment are true, they do not constitute a criminal offense under New York law. The defense will make legal arguments challenging the validity of the charges in question and present legal precedents or statutes to support their position. 3. Violation of Constitutional Rights Motion: This motion alleges that the defendant's constitutional rights, such as the right to due process, equal protection, or protection against illegal searches and seizures, have been violated. The defense will argue that these violations render the indictment invalid, necessitating the dismissal of the charges. 4. Double Jeopardy Motion: This motion asserts that the defendant is being prosecuted for the same offense twice, which violates the constitutional protection against double jeopardy. The defense will present evidence or legal arguments to demonstrate that the charges in the current indictment are identical or substantially similar to charges for which the defendant has already been tried or convicted. 5. Prosecutorial Misconduct Motion: This motion alleges that prosecutorial misconduct has occurred during the grand jury proceedings, leading to a flawed indictment. The defense will try to demonstrate instances of misconduct, such as withholding evidence, presenting false testimony, or other unethical practices, in an effort to have the charges dismissed. When filing a New York Motion to Dismiss Counts of Indictment, it is essential for the defense to thoroughly analyze the specific charges, examine the evidence and legal elements required for conviction, and build a strong legal argument. The defense attorney must show that there are valid reasons for dismissing the charges, either due to insufficient evidence, legal invalidity, constitutional violations, double jeopardy concerns, or prosecutorial misconduct. The court will review the motion, consider the arguments presented by both the defense and prosecution, and make a decision whether to dismiss the counts of the indictment or proceed to trial.
