[§806-88] Ruling on motion to dismiss.
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[§806-88] Ruling on motion to dismiss.
(a)The court shall determine from an examination of the information and its attachments, and in light of any evidence presented at a hearing on a motion to dismiss the information, whether the information and its attachments establish the existence of probable cause to believe that the offense charged has been committed and that the defendant committed the offense charged.
(b)A finding of the existence of probable cause or lack thereof may be based in whole or in part upon hearsay evidence or on evidence that may ultimately be ruled to be inadmissible at the trial. [L 2004, c 62, pt of §1]