The defendant moves to dismiss the indictment on the grounds that (1) the indictment is defective (CPL §210.20[1][a], §210.25), (2) the evidence before the grand jury was not legally sufficient to establish the offenses charged or any lesser included offense (CPL §210.20[1][b], §210.30), and (3) the grand jury proceeding was defective (CPL §210.20[1][c], §210.35). The defendant also moves to inspect the grand jury minutes (CPL §210.30).
A.
An indictment is jurisdictionally defective only if it does not effectively charge the defendant with the commission of a particular crime, such as by failing to allege that the defendant committed acts constituting every material element of the crime charged (People v. Iannone, 45 NY2d 589, 600, 412 NYS2d 110, 384 NE2d 656). Incorporation by reference to the statute operates to constitute allegation of the elements of the crime (see People v. D’Angelo, 98 NY2d 733, 750 NYS2d 811, 780 NE2d 496; People v. Ray, NY2d 850, 527 NYS2d 740, 522 NE2d 1037; People v. Cohen, 52 NY2d 584, 586, 439 NYS2d 321, 421 NE2d 813; People v. Squire, 273 AD2d 706, 706-707, 711 NYS2d 790). The Court has examined the indictment and finds that it fully complies with CPL §200.50(7).
B.