N.Y. Criminal Procedure Law § 195.10 : Preliminary Proceedings In Superior Court — Criminal Procedure — Waiver Of Indictment — Waiver of indictment; in general

23 Jun 2016

Current through 2016 New York Laws, Chapters 1 to 237

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

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.

N.Y. Crim. Proc. Law § 195.10