N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Preliminary Proceedings In Superior Court / ARTICLE Waiver of Indictment
New York Consolidated Laws

N.Y. Criminal Procedure Law § 195.10 (2026)

Waiver of indictment; in general

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 3 cases, 2005–2019 · leading case: People v. Lopez, 831 N.E.2d 413 (NY 2005).
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People v. Lopez, 831 N.E.2d 413 (NY 2005). “Defendant contends that his guilty plea to the SCI was an impermissible waiver of indictment where no grand jury action was pending.”
The People v. Jonathan Monforte (NY 2019). “19 In addition, Criminal Procedure Law § 195.10 provides that a defendant may waive indictment by grand jury when, among other conditions, “the defendant is not charged with a class A felony punishable by death or life imprisonment” (CPL 195.”
People v. Rivera, 14 Misc. 3d 726 (N.Y. Sup. Ct. 2006). “” Criminal Procedure Law § 195.10 [1], implementing the change, provides that “[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…”
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