New York statute
N.Y. Criminal Procedure Law § 195.10 — Waiver of indictment; in general
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 195: Waiver of Indictment, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 195.10
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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