{"jurisdiction": "us-ny", "code": "cpl", "section": "195.10", "citation": "CPL § 195.10", "heading": "Waiver of indictment; in general", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/CPL/195.10", "from_official_api": true, "plain_english": "**1.** A defendant may waive indictment and consent to prosecution by **superior court information (SCI)** only when **all three** are met: ★\n- **(a)** a **local criminal court has held the defendant for the action of a grand jury**; **and**\n- **(b)** the defendant is **NOT charged with a class A felony punishable by death or life imprisonment**; **and** ★\n- **(c)** the **district attorney consents** to the waiver. ★\n\n**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.** ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/195.10", "publisher": "Elyphived LLC"}