(1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or
(2) If the accusatory instrument was:
(a) Dismissed upon a demurrer to its form or substance;
(b) Dismissed upon any pretrial motion; or
(c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43]