Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint; as defective

§ 170.35 Motion to dismiss information, simplified information,\n prosecutor's information or misdemeanor complaint; as defective.\n 1. An information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint, or a count thereof, is defective\nwithin the meaning of paragraph (a) of subdivision one of section 170.30\nwhen:\n (a) It is not sufficient on its face pursuant to the requirements of\nsection 100.40; provided that such an instrument or count may not be\ndismissed as defective, but must instead be amended, where the defect or\nirregularity is of a kind that may be cured by amendment and where the\npeople move to so amend; or\n (b) The allegations demonstrate that the court does not have\njurisdiction of the offense charged; or\n (c) The statute defining the offense charged is unconstitutional or\notherwise invalid.\n 2. An information is also defective when it is filed in replacement\nof a misdemeanor complaint pursuant to section 170.65 but without\nsatisfying the requirements stated therein.\n 3. A prosecutor's information is also defective when:\n (a) It is filed at the direction of a grand jury, pursuant to section\n190.70, and the offense or offenses charged are not among those\nauthorized by such grand jury direction; or\n (b) It is filed by the district attorney at his own instance,\npursuant to subdivision two of section 100.50, and the factual\nallegations of the original information underlying it and any supporting\ndepositions are not legally sufficient to support the charge in the\nprosecutor's information.\n