Indictment; superseding indictments
§ 200.80 Indictment; superseding indictments.
If at any time before entry of a plea of guilty to an indictment or commencement of a trial thereof another indictment is filed in the same court charging the defendant with an offense charged in the first indictment, the first indictment is, with respect to such offense, superseded by the second and, upon the defendant's arraignment upon the second indictment, the count of the first indictment charging such offense must be dismissed by the court. The first indictment is not, however, superseded with respect to any count contained therein which charges an offense not charged in the second indictment. Nothing herein precludes the filing of a superseding indictment when the first accusatory instrument is a superior court information.
If, before a guilty plea or start of trial, a second indictment is filed in the same court charging an offense already charged, the first indictment is superseded as to that offense, and on arraignment on the second, the overlapping count of the first must be dismissed. ★ The first survives for any offense not in the second. A superseding indictment may follow an SCI.
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.