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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 195.20: Waiver of indictment; written instrument

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 2. The Principal Proceedings
  3. Title I. Preliminary Proceedings In Superior Court
  4. Article 195. Waiver of Indictment

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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