N.Y. Criminal Procedure Law § 200.80: Indictment; superseding indictments

§ 200.80 Indictment; superseding indictments.

If at any time before entry of a plea of guilty to an indictment or

commencement of a trial thereof another indictment is filed in the same

court charging the defendant with an offense charged in the first

indictment, the first indictment is, with respect to such offense,

superseded by the second and, upon the defendant's arraignment upon the

second indictment, the count of the first indictment charging such

offense must be dismissed by the court. The first indictment is not,

however, superseded with respect to any count contained therein which

charges an offense not charged in the second indictment. Nothing herein

precludes the filing of a superseding indictment when the first

accusatory instrument is a superior court information.