N.Y. Criminal Procedure Law § 170.65: Replacement of misdemeanor complaint by information and waiver thereof

§ 170.65 Replacement of misdemeanor complaint by information and waiver

thereof.

1. A defendant against whom a misdemeanor complaint is pending is not

required to enter a plea thereto. For purposes of prosecution, such

instrument must, except as provided in subdivision three, be replaced by

an information, and the defendant must be arraigned thereon. If the

misdemeanor complaint is supplemented by a supporting deposition and

such instruments taken together satisfy the requirements for a valid

information, such misdemeanor complaint is deemed to have been converted

to and to constitute a replacing information.

2. An information which replaces a misdemeanor complaint need not

charge the same offense or offenses, but at least one count thereof must

charge the commission by the defendant of an offense based upon conduct

which was the subject of the misdemeanor complaint. In addition, the

information may, subject to the rules of joinder, charge any other

offense which the factual allegations thereof or of any supporting

depositions accompanying it are legally sufficient to support, even

though such offense is not based upon conduct which was the subject of

the misdemeanor complaint.

3. A defendant who has been arraigned upon a misdemeanor complaint

may waive prosecution by information and consent to be prosecuted upon

the misdemeanor complaint. In such case, the defendant must be

required, either upon the date of the waiver or subsequent thereto, to

enter a plea to the misdemeanor complaint.