(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.
Structure New York Laws
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 195 - Waiver of Indictment
195.10 - Waiver of Indictment; in General.
195.20 - Waiver of Indictment; Written Instrument.
195.30 - Waiver of Indictment; Approval of Waiver by the Court.
195.40 - Waiver of Indictment; Filing of Superior Court Information.