N.Y. Crim. Proc. Law § 210.35

§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.\n A grand jury proceeding is defective within the meaning of paragraph\n(c) of subdivision one of section 210.20 when:\n 1. The grand jury was illegally constituted; or\n 2. The proceeding is conducted before fewer than sixteen grand\njurors; or\n 3. Fewer than twelve grand jurors concur in the finding of the\nindictment; or\n 4. The defendant is not accorded an opportunity to appear and testify\nbefore the grand jury in accordance with the provisions of section\n190.50; or\n 5. The proceeding otherwise fails to conform to the requirements of\narticle one hundred ninety to such degree that the integrity thereof is\nimpaired and prejudice to the defendant may result.\n