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Criminal Procedure Law

Consolidated Laws of New York's CPL code

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Article 195 - NY Criminal Procedure Law

WAIVER OF INDICTMENT

Section Description
195.10Waiver of indictment; in general.
195.20Waiver of indictment; written instrument.
195.30Waiver of indictment; approval of waiver by the court.
195.40Waiver of indictment; filing of superior court information.
S 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; 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.

S 195.20 Waiver of indictment; written instrument.
  A waiver of indictment shall be evidenced by a written instrument,
which shall contain the name of the court in which it is executed, the
title of the action, and the name, date and approximate time and place
of each offense to be charged in the superior court information to be
filed by the district attorney pursuant to section 195.40.  The offenses
named may include any offense for which the defendant was held for
action of a grand jury and any offense or offenses properly joinable
therewith pursuant to sections 200.20 and 200.40.  The written waiver
shall also contain a statement by the defendant that he is aware that:
  (a)  under the constitution of the state of New York he has the right
to be prosecuted by indictment filed by a grand jury;
  (b) he waives such right and consents to be prosecuted by superior
court information to be filed by the district attorney;
  (c)  the superior court information to be filed by the district
attorney will charge the offenses named in the written waiver; and
  (d)  the superior court information to be filed by the district
attorney will have the same force and effect as an indictment filed by a
grand jury.
  The written waiver shall be signed by the defendant in open court in
the presence of his attorney.  The consent of the district attorney
shall be endorsed thereon.

S 195.30 Waiver of indictment; approval of waiver by the court.
  The court shall determine whether the waiver of indictment complies
with the provisions of sections 195.10 and 195.20.  If satisfied that
the waiver complies with such provisions, the court shall approve the
waiver and execute a written order to that effect.  When the waiver is
approved by a local criminal court, the local criminal court shall
promptly transmit to the appropriate superior court the written waiver
and order approving the waiver, along with all other documents pertinent
to the action.  Until such papers are received by the superior court,
the action is deemed to be pending in the local criminal court.

S 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.

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