N.Y. Criminal Procedure Law Section 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.

Source: Section 195.10 — Waiver of indictment; in general, https://www.­nysenate.­gov/legislation/laws/CPL/195.­10 (updated Sep. 22, 2014; accessed Jun. 21, 2025).

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Verified:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

§ 195.10. Waiver of indictment's source at nysenate​.gov

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