Legislation
SECTION 195.10
Waiver of indictment; in general
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 195
§ 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.
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.