Section 100.50. Superseding informations and prosecutor's informations  


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  • 1.  If at any time before entry of a plea of guilty to or commencement
      of  a  trial  of  an  information or a prosecutor's information, another
      information or, as the case may be, another prosecutor's information  is
      filed  with the same local criminal court charging the defendant with an
      offense charged in the first instrument, the first such  instrument  is,
      with  respect  to  such  offense, superseded by the second and, upon the
      defendant's  arraignment  upon  the  latter,  the  count  of  the  first
      instrument  charging  such  offense must be dismissed by the court.  The
      first instrument is not, however, superseded with respect to  any  count
      contained  therein  which  charges  an offense not charged in the second
      instrument.
        2.  At any time before entry of a plea of guilty to or commencement of
      a trial of an information, the district attorney may file with the local
      criminal  court  a  prosecutor's  information  charging   any   offenses
      supported,  pursuant  to  the standards prescribed in subdivision one of
      section 100.40, by the allegations of the factual part of  the  original
      information  and/or  any  supporting depositions which may accompany it.
      In such case, the original information is superseded by the prosecutor's
      information and, upon the defendant's arraignment upon  the  latter,  is
      deemed dismissed.
        3.   A misdemeanor complaint must or may be replaced and superseded by
      an information pursuant to the provisions of section 170.65.