There is a newer version
of
the New York Laws
2017 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 195 - Waiver of Indictment
195.10 - Waiver of Indictment; in General.
Universal Citation: NY Crim Pro L § 195.10 (2017)
195.10 Waiver of indictment; in general.1. A defendant may waive indictment and consent to be prosecuted by superior court information when:
(a) a local criminal court has held the defendant for the action of a grand jury; and
(b) the defendant is not charged with a class A felony punishable by death or life imprisonment; and
(c) the district attorney consents to the waiver.
2. A defendant may waive indictment pursuant to subdivision one in either:
(a) the local criminal court in which the order was issued holding the defendant for action of a grand jury, at the time such order is issued; or
(b) the appropriate superior court, at any time prior to the filing of an indictment by the grand jury.
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