N.Y. Criminal Procedure Law § 100.50: Superseding informations and prosecutor's informations

§ 100.50 Superseding informations and prosecutor's informations.

1. If at any time before entry of a plea of guilty to or commencement

of a trial of an information or a prosecutor's information, another

information or, as the case may be, another prosecutor's information is

filed with the same local criminal court charging the defendant with an

offense charged in the first instrument, the first such instrument is,

with respect to such offense, superseded by the second and, upon the

defendant's arraignment upon the latter, the count of the first

instrument charging such offense must be dismissed by the court. The

first instrument is not, however, superseded with respect to any count

contained therein which charges an offense not charged in the second

instrument.

2. At any time before entry of a plea of guilty to or commencement of

a trial of an information, the district attorney may file with the local

criminal court a prosecutor's information charging any offenses

supported, pursuant to the standards prescribed in subdivision one of

section 100.40, by the allegations of the factual part of the original

information and/or any supporting depositions which may accompany it.

In such case, the original information is superseded by the prosecutor's

information and, upon the defendant's arraignment upon the latter, is

deemed dismissed.

3. A misdemeanor complaint must or may be replaced and superseded by

an information pursuant to the provisions of section 170.65.