Motion in superior court to dismiss prosecutor's information

§ 170.50 Motion in superior court to dismiss prosecutor's information.\n 1. At any time after arraignment in a local criminal court upon a\nprosecutor's information filed at the direction of a grand jury and\nbefore entry of a plea of guilty thereto or commencement of a trial\nthereof, the local criminal court wherein the prosecutor's information\nis filed may, upon motion of the defendant, dismiss such prosecutor's\ninformation or a count thereof upon the ground that:\n (a) The evidence before the grand jury was not legally sufficient to\nsupport the charge; or\n (b) The grand jury proceeding resulting in the filing of such\nprosecutor's information was defective.\n 2. The criteria and procedures for consideration and disposition of\nsuch motion are the same as those prescribed in sections 210.30 and\n210.35, governing consideration and disposition of a motion to dismiss\nan indictment on the ground of insufficiency of grand jury evidence or\nof a defective grand jury proceeding; and, where appropriate, the\ngeneral procedural rules prescribed in section 210.45 for consideration\nand disposition of a motion to dismiss an indictment are also\napplicable.\n 3. Upon dismissing a prosecutor's information or a count thereof\npursuant to this section, the court may, upon application of the people,\nin its discretion authorize the people to resubmit the charge or charges\nto the same or another grand jury. In the absence of such\nauthorization, such charge or charges may not be resubmitted to a grand\njury. The rules prescribed in subdivisions eight and nine of section\n210.45 concerning the discharge of a defendant from custody or\nexoneration of bail in the absence of an authorization to resubmit an\nindictment to a grand jury, and concerning the issuance of a securing\norder and the effective period thereof where such an authorization is\nissued, apply equally where a prosecutor's information is dismissed\npursuant to this section.\n