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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.

N.Y. Criminal Procedure Law § 195.10Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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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