N.Y. CPL Law § 210.30 — New York Code / Act CPL / Part 2 / Title I / Article 210 / Section 210.30
Motion to dismiss or reduce indictment on ground of insufficiency of grand jury evidence; motion to inspect grand jury minutes
Status: in_force

§ 210.30 Motion to dismiss or reduce indictment on ground of\n           insufficiency of grand jury evidence; motion to inspect grand\n           jury minutes.\n  1. A motion to dismiss an indictment or a count thereof pursuant to\nparagraph (b) of subdivision one of section 210.20 or a motion to reduce\na count or counts of an indictment pursuant to subdivision one-a of\nsection 210.20 must be preceded or accompanied by a motion to inspect\nthe grand jury minutes, as prescribed in subdivision two of this\nsection.\n  2. A motion to inspect grand jury minutes is a motion by a defendant\nrequesting an examination by the court and the defendant of the\nstenographic minutes of a grand jury proceeding resulting in an\nindictment for the purpose of determining whether the evidence before\nthe grand jury was legally sufficient to support the charges or a charge\ncontained in such indictment.\n  3. Unless good cause exists to deny the motion to inspect the grand\njury minutes, the court must grant the motion. It must then proceed to\nexamine the minutes and to determine the motion to dismiss or reduce the\nindictment. If the court, after examining the minutes, finds that\nrelease of the minutes, or certain portions thereof, to the parties is\nnecessary to assist the court in making its determination on the motion,\nit may release the minutes or such portions thereof to the parties.\nProvided, however, such release shall be limited to that grand jury\ntestimony which is relevant to a determination of whether the evidence\nbefore the grand jury was legally sufficient to support a charge or\ncharges contained in such indictment. Prior to such release the district\nattorney shall be given an opportunity to present argument to the court\nthat the release of the minutes, or any portion thereof, would not be in\nthe public interest. For purposes of this section, the minutes shall\ninclude any materials submitted to the grand jury pursuant to\nsubdivision eight of section 190.30 of this chapter.\n  4. If the court determines that there is not reasonable cause to\nbelieve that the evidence before the grand jury may have been legally\ninsufficient, it may in its discretion either (a) deny both the motion\nto inspect and the motion to dismiss or reduce, or (b) grant the motion\nto inspect notwithstanding and proceed to examine the minutes and to\ndetermine the motion to dismiss or reduce.\n  5. In any case, the court must place on the record its ruling upon the\nmotion to inspect.\n  6. The validity of an order denying any motion made pursuant to this\nsection is not reviewable upon an appeal from an ensuing judgment of\nconviction based upon legally sufficient trial evidence.\n  7. Notwithstanding any other provision of law, where the indictment is\nfiled against a juvenile offender or adolescent offender, the court\nshall dismiss the indictment or count thereof where the evidence before\nthe grand jury was not legally sufficient to establish the offense\ncharged or any lesser included offense for which the defendant is\ncriminally responsible. Upon such dismissal, unless the court shall\nauthorize the people to resubmit the charge to a subsequent grand jury,\nand upon a finding that there was sufficient evidence to believe\ndefendant is a juvenile delinquent as defined in subdivision (a) of\nsection seven hundred twelve of the family court act and upon specifying\nthe act or acts it found sufficient evidence to believe defendant\ncommitted, the court may direct that such matter be removed to family\ncourt in accordance with the provisions of article seven hundred\ntwenty-five of this chapter.\n