N.Y. Criminal Procedure Law 195.10 – Waiver of indictment; in general
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§ 195.10 Waiver of indictment; in general.
Terms Used In N.Y. Criminal Procedure Law 195.10
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
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.