1. The Laws of New York
  2. Consolidated Laws
  3. Criminal Procedure
  4. Part 2: The Principal Proceedings
  5. Title H: Preliminary Proceedings In Local Criminal Court
  6. Article 100: * Commencement of Action In Local Criminal Court or Youth Part of a Superior Court--accusatory Instruments * Nb See Ch. 59/2017 Pt. Www § 106 Sb B for Further Contingencies for 10/1/2019


Section 100.50 Superseding informations and prosecutor's informations

Criminal Procedure (CPL)

If at any time before entry of a plea of guilty to or commencement of a trial of an information or a prosecutor's information, another information or, as the case may be, another prosecutor's information is filed with the same local criminal court charging the defendant with an offense charged in the first instrument, the first such instrument is, with respect to such offense, superseded by the second and, upon the defendant's arraignment upon the latter, the count of the first instrument charging such offense must be dismissed by the court. The first instrument is not, however, superseded with respect to any count contained therein which charges an offense not charged in the second instrument.

  2. At any time before entry of a plea of guilty to or commencement of a trial of an information, the district attorney may file with the local criminal court a prosecutor's information charging any offenses supported, pursuant to the standards prescribed in subdivision one of section 100.40, by the allegations of the factual part of the original information and/or any supporting depositions which may accompany it. In such case, the original information is superseded by the prosecutor's information and, upon the defendant's arraignment upon the latter, is deemed dismissed.

  3. A misdemeanor complaint must or may be replaced and superseded by an information pursuant to the provisions of section 170.65.