CPL § 195.10

Waiver of indictment; in general

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/195.10

In plain English

1. A defendant may waive indictment and consent to prosecution by superior court information (SCI) only when all three are met: ★

2. Where/when to waive: either (a) in the local criminal court that issued the hold order, at the time that order is issued; or (b) in the appropriate superior court, any time before the grand jury files an indictment. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.