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S 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; 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. S 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. S 195.30 Waiver of indictment; approval of waiver by the court. The court shall determine whether the waiver of indictment complies with the provisions of sections 195.10 and 195.20. If satisfied that the waiver complies with such provisions, the court shall approve the waiver and execute a written order to that effect. When the waiver is approved by a local criminal court, the local criminal court shall promptly transmit to the appropriate superior court the written waiver and order approving the waiver, along with all other documents pertinent to the action. Until such papers are received by the superior court, the action is deemed to be pending in the local criminal court. S 195.40 Waiver of indictment; filing of superior court information. When indictment is waived in a superior court the district attorney shall file a superior court information in such court at the time the waiver is executed. When indictment is waived in a local criminal court the district attorney shall file a superior court information in the appropriate superior court within ten days of the execution of the court order approving the waiver. Upon application of a defendant whose waiver of indictment has been approved by the court, and who, at the time of such approval or subsequent thereto, has been committed to the custody of the sheriff pending disposition of the action, and who has been confined in such custody for a period of more than ten days from the date of approval without the filing by the district attorney of a superior court information, the superior court must release him on his own recognizance unless: (a) The failure of the district attorney to file a superior court information during such period of confinement was due to defendant`s request, action or condition or occurred with his consent; or (b) The people have shown good cause why such order of release should not be issued. Such good cause must consist of some compelling fact or circumstance which precluded the filing of the superior court information within the prescribed period. Top of Page
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