An indictment or a count thereof is defective within the meaning of paragraph (a) of subdivision one of section 210.20 when: 1. It does not substantially conform to the requirements stated in article two hundred; provided that an indictment may not be dismissed as defective, but must instead be amended, where the defect or irregularity is of a kind that may be cured by amendment, pursuant to section 200.70, and where the people move to so amend; or 2. The allegations demonstrate that the court does not have jurisdiction of the offense charged; or 3. The statute defining the offense charged is unconstitutional or otherwise invalid.
New York Legal Code