A grand jury proceeding is defective within the meaning of paragraph (c) of subdivision one of section 210.20 when:

1. 1. The grand jury was illegally constituted; or
2. 2. The proceeding is conducted before fewer than sixteen grand jurors; or
3. 3. Fewer than twelve grand jurors concur in the finding of the indictment; or
4. 4. The defendant is not accorded an opportunity to appear and testify before the grand jury in accordance with the provisions of section 190.50; or
5. 5. The proceeding otherwise fails to conform to the requirements of article one hundred ninety to such degree that the integrity thereof is impaired and prejudice to the defendant may result.