2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.30 - Motion to Dismiss or Reduce Indictment on Ground of Insufficiency of Grand Jury Evidence; Motion to Inspect Grand Jury Minutes.

§ 210.30 Motion   to   dismiss   or   reduce  indictment  on  ground  of
insufficiency of grand jury evidence; motion to inspect grand
jury minutes.
1. A motion to dismiss an indictment or a count  thereof  pursuant  to
  paragraph (b) of subdivision one of section 210.20 or a motion to reduce
  a  count  or  counts  of  an indictment pursuant to subdivision one-a of
  section 210.20 must be preceded or accompanied by a  motion  to  inspect
  the  grand  jury  minutes,  as  prescribed  in  subdivision  two of this
  section.
2. A motion to inspect grand jury minutes is a motion by  a  defendant
  requesting  an  examination  by  the  court  and  the  defendant  of the
  stenographic  minutes  of  a  grand  jury  proceeding  resulting  in  an
  indictment  for  the  purpose of determining whether the evidence before
  the grand jury was legally sufficient to support the charges or a charge
  contained in such indictment.
3. Unless good cause exists to deny the motion to  inspect  the  grand
  jury  minutes,  the court must grant the motion. It must then proceed to
  examine the minutes and to determine the motion to dismiss or reduce the
  indictment. If the  court,  after  examining  the  minutes,  finds  that
  release  of  the minutes, or certain portions thereof, to the parties is
  necessary to assist the court in making its determination on the motion,
  it may release the minutes or such  portions  thereof  to  the  parties.
  Provided,  however,  such  release  shall  be limited to that grand jury
  testimony which is relevant to a determination of whether  the  evidence
  before  the  grand  jury  was  legally sufficient to support a charge or
  charges contained in such indictment. Prior to such release the district
  attorney shall be given an opportunity to present argument to the  court
  that the release of the minutes, or any portion thereof, would not be in
  the  public  interest.  For  purposes of this section, the minutes shall
  include  any  materials  submitted  to  the  grand  jury   pursuant   to
  subdivision eight of section 190.30 of this chapter.
4.  If  the  court  determines  that  there is not reasonable cause to
  believe that the evidence before the grand jury may  have  been  legally
  insufficient,  it  may in its discretion either (a) deny both the motion
  to inspect and the motion to dismiss or reduce, or (b) grant the  motion
  to  inspect  notwithstanding  and  proceed to examine the minutes and to
  determine the motion to dismiss or reduce.
5. In any case, the court must place on the record its ruling upon the
  motion to inspect.
6. The validity of an order denying any motion made pursuant  to  this
  section  is  not  reviewable  upon an appeal from an ensuing judgment of
  conviction based upon legally sufficient trial evidence.
7. Notwithstanding any other provision of law, where the indictment is
  filed against a juvenile offender  or  adolescent  offender,  the  court
  shall  dismiss the indictment or count thereof where the evidence before
  the grand jury was not  legally  sufficient  to  establish  the  offense
  charged  or  any  lesser  included  offense  for  which the defendant is
  criminally responsible. Upon such  dismissal,  unless  the  court  shall
  authorize  the people to resubmit the charge to a subsequent grand jury,
  and upon a  finding  that  there  was  sufficient  evidence  to  believe
  defendant  is  a  juvenile  delinquent  as defined in subdivision (a) of
  section seven hundred twelve of the family court act and upon specifying
  the act or acts  it  found  sufficient  evidence  to  believe  defendant
  committed,  the  court  may direct that such matter be removed to family
  court in  accordance  with  the  provisions  of  article  seven  hundred
  twenty-five of this chapter.