2006 New York Code - Waiver Of Indictment; Filing Of Superior Court Information

 
  § 195.40  Waiver of indictment; filing of superior court information.
    When  indictment  is  waived in a superior court the district attorney
  shall file a superior court information in such court at  the  time  the
  waiver is executed.  When indictment is waived in a local criminal court
  the  district  attorney  shall  file a superior court information in the
  appropriate superior court within ten days of the execution of the court
  order approving the waiver.   Upon  application  of  a  defendant  whose
  waiver  of  indictment  has  been approved by the court, and who, at the
  time of such approval or subsequent thereto, has been committed  to  the
  custody  of  the  sheriff pending disposition of the action, and who has
  been confined in such custody for a period of more than  ten  days  from
  the  date  of  approval without the filing by the district attorney of a
  superior court information, the superior court must release him  on  his
  own recognizance unless:
    (a)    The  failure  of the district attorney to file a superior court
  information during such period of confinement  was  due  to  defendant's
  request, action or condition or occurred with his consent; or
    (b)  The people have shown good cause why such order of release should
  not  be issued.  Such good cause must consist of some compelling fact or
  circumstance  which  precluded  the  filing  of   the   superior   court
  information within the prescribed period.