CPL 195.10 · Article 195. Waiver of Indictment
Waiver of indictment; in general
Text — Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
§ 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.
Source of truth
- Edition
- Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/CPL195.10
- Text hash
- sha256 8145fe6e8909828c8c91ed9a737ddd69e740cc12ddaaa965ee23f63fe1b3d25c
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.