1. A motion to dismiss an indictment pursuant to section 210.20 must. be made in writing and upon reasonable notice to the people. If the. motion is based upon the existence or occurrence of facts, the motion. papers must contain sworn allegations thereof, whether by the defendant. or by another person or persons.
motion is based upon the existence or occurrence of facts, the motion . papers must contain sworn allegations thereof, whether by the defendant. or by another person or persons. Such sworn allegations may be based. upon personal knowledge of the affiant or upon information and belief,
1. A plea to an indictment, other than one against a corporation, must be entered orally by the defendant in person; except that a plea to an indictment which does not charge a felony may, with the permission of the court, be entered by counsel upon submission by him of written authorization of the defendant. 2.
A defendant who has entered a plea of not guilty to an indictment may as a matter of right withdraw such plea at any time before rendition of a verdict and enter a plea of guilty to the entire indictment pursuant to subdivision two, but subject to the limitation in subdivision five of section 220.10. 2.
An offense is deemed to be a lesser included offense with respect to a crime charged in an indictment, pursuant to the provisions of subdivision one, only for purposes of conviction upon a plea of guilty and not for purposes of conviction by verdict.
lesser included offense, it shall order the count or counts of the. indictment with respect to which the finding is made reduced to allege. the most serious lesser included offense with respect to which the. evidence before the grand jury was sufficient, except that where the.
evidence before the grand jury, finds that the evidence before the grand. jury was not legally sufficient to establish the commission by the. defendant of the offense charged in any count contained within the. indictment, but was legally sufficient to establish the commission of a.
Although more commonly utilized by a defendant to seek dismissal of some or all of plaintiff’s claims, a motion to dismiss may be filed by any party against whom a claim or defense has been asserted.
If the motion to dismiss is based solely on the defense that the summons and complaint, summons with notice, or notice of petition and petition was not properly served, discovery is not stayed unless the Court orders otherwise.
Duplicate Action. There is another action pending between the same parties for the same cause of action in a court in any state in the U.S. In this case the court may not dismiss the action and has the discretion to enter such orders as may be just under the circumstances. Action is Barred.
The cause of action is a counterclaim which may not properly be interposed in the underlying action. No Cause of Action. The pleadings fail to state any cause of action. Lack of Personal Jurisdiction. The court lacks personal jurisdiction over the defendant. This ground for dismissal is waived if a party files a motion to dismiss ...