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7.22 - 10. Jurisdictional Or Legal Impediment
Jurisdiction | New York |
10. Jurisdictional or Legal Impediment
No statutory provision describes jurisdictional or legal impediment as a ground for dismissal, and it is only available where no other specific grounds for dismissal apply.1288 If there is something very wrong with a case and no other section appears to cover it, use this section.1289
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Notes:
[1288] . People v. Frisbie, 40 A.D.2d 334, 339 N.Y.S.2d 985 (3d Dep’t 1973).
[1289] . CPL § 210.20(1)(h); People v. Lev, 91 Misc. 2d 241, 398 N.Y.S.2d 593 (Sup. Ct., Bronx Co. 1977) (perjury before grand jury); People ex rel. Hairston v. Adult Detention Ctr., 76 Misc. 2d 1010, 352 N.Y.S.2d 326 (Sup. Ct., Bronx Co. 1973) (transcript of complainant’s testimony at preliminary hearing was lost); People v. Sam, 49 A.D.2d 732, 372 N.Y.S.2d 659 (1st Dep’t 1975) (matter not within the scope of jurisdiction of the special prosecutor).
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- Chapter 7 Motion Practice
- 7.0 - I. Purpose Of Pretrial Motions
- 7.1 - II. Tactics And Strategy
- 7.2 - A. General Method
- 7.3 - B. Form Motions
- 7.4 - C. Affidavits And Affirmations
- 7.5 - III. Motion File Organization
- 7.6 - IV. Timetable For Pretrial Motions
- 7.7 - A. Notices And Motions At Arraignment
- 7.8 - B. Post-Arraignment Motions
- 7.9 - C. Motions In Limine
- 7.10 - V. Form Of Motions
- 7.11 - VI. Statutory Motions
- 7.12 - A. Dismissal Of The Indictment
- 7.13 - 1. Facial Insufficiency, Lack Of Jurisdiction, Invalidity Of Statute
- 7.14 - 2. Right To A Speedy Trial
- 7.15 - 3. Insufficient Grand Jury Evidence; “Motion To Inspect”
- 7.16 - 4. Defective Grand Jury Procedures
- 7.17 - 5. Furtherance Of Justice
- 7.18 - 6. Removal To Family Court
- 7.19 - 7. Defendant Has Immunity
- 7.20 - 8. Prior Jeopardy
- 7.21 - 9. Timely Prosecution And Speedy Trial
- 7.22 - 10. Jurisdictional Or Legal Impediment
- 7.23 - 11. Procedure
- 7.24 - B. Discovery
- 7.25 - C. Removal (Change Of A Venue)
- 7.26 - D. Bias Recusal Motions
- 7.27 - E. Separate Trials
- 7.28 - F. Suppression Of Evidence
- 7.29 - 1. Notice To Defendant
- 7.30 - 2. Standing
- 7.31 - 3. Relief Sought
- 7.32 - 4. Grounds
- 7.33 - 5. Sworn Allegations Of Fact
- 7.34 - 6. Summary Grant Of The Motion To Suppress
- 7.35 - 7. Summary Denial Of The Motion To Suppress
- 7.36 - VII. Motions In Limine
- 7.37 - A. Ventimiglia And Molineux Evidence
- 7.38 - B. Motion For A Mistrial
- 7.39 - C. Judicial Recusal Motion
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