Waiver of indictment; written instrument
§ 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.
The waiver must be a written instrument stating: the court where executed, the title of the action, and the name, date, and approximate time and place of each offense to be charged in the SCI. ★ The offenses may include any offense the defendant was held for plus any properly joinable offenses under §§ 200.20 and 200.40.
The writing must include the defendant's statement that he knows: (a) he has a NY constitutional right to be prosecuted by indictment; (b) he waives that right and consents to the SCI; (c) the SCI will charge the named offenses; and (d) the SCI will have the same force and effect as an indictment. ★
★ The waiver must be signed by the defendant in open court in the presence of his attorney, and the DA's consent endorsed on it. ★
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.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.