New York statute
N.Y. Criminal Procedure Law § 195.20 — Waiver of indictment; written instrument
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 195: Waiver of Indictment, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 195.20
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
195.20 Waiver of indictment; written instrument.
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.
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