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 Nassau New York Motion to Dismiss Counts of Indictment is a legal document filed with the court that seeks to have certain charges or counts in an indictment dismissed. Indictments are formal charges brought against a defendant by a grand jury, and a motion to dismiss counts aims to challenge the sufficiency or validity of those charges. In Nassau County, New York, there are different types of motions to dismiss counts that can be filed. These include: 1. Insufficiency of evidence motion: This type of motion argues that the evidence presented by the prosecutor before the grand jury is insufficient to support the charges in the indictment. It asserts that there is a lack of probable cause or any genuine evidence connecting the defendant to the alleged criminal activity. 2. Lack of jurisdiction motion: This motion contests the court's authority or jurisdiction over certain charges included in the indictment. It argues that the court does not have the power to hear and decide on those specific counts, either due to a violation of jurisdictional limits or because the conduct alleged in the indictment does not fit within the court's jurisdiction. 3. Violation of constitutional rights motion: This type of motion asserts that the defendant's constitutional rights were violated during the grand jury proceedings or that the indictment itself infringes upon the defendant's constitutional rights. It may argue that the presentation of evidence was improper or that the indictment is based on evidence obtained unlawfully. 4. Multiplicity motion: A multiplicity motion argues that the prosecution has charged the defendant with multiple counts stemming from a single act or criminal episode. It claims that the charges are duplicative or redundant, essentially "piling on" and violating the defendant's protection against double jeopardy. In a Nassau New York Motion to Dismiss Counts of Indictment, specific legal arguments, precedents, and case law may be referenced to support the arguments made. The motion must be drafted and filed by an attorney on behalf of the defendant, and it is ultimately up to the judge to review the motion, assess the arguments presented, and make a determination on whether to dismiss any counts of the indictment.
