N.Y. Crim. Proc. Law § 210.25

§ 210.25 Motion to dismiss indictment; as defective.\n An indictment or a count thereof is defective within the meaning of\nparagraph (a) of subdivision one of section 210.20 when:\n 1. It does not substantially conform to the requirements stated in\narticle two hundred; provided that an indictment may not be dismissed as\ndefective, but must instead be amended, where the defect or irregularity\nis of a kind that may be cured by amendment, pursuant to section 200.70,\nand where the people move to so amend; or\n 2. The allegations demonstrate that the court does not have\njurisdiction of the offense charged; or\n 3. The statute defining the offense charged is unconstitutional or\notherwise invalid.\n