Section 195.20. Waiver of indictment; written instrument  


Latest version.
  • 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.