N.Y. Criminal Procedure Law § 195.10: Waiver of indictment; in general

§ 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.