New York statute
N.Y. Criminal Procedure Law § 195.40 — Waiver of indictment; filing of superior court information
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 § 195.40
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.
195.40 Waiver of indictment; filing of superior court information.
When indictment is waived in a superior court the district attorney
shall file a superior court information in such court at the time the
waiver is executed. When indictment is waived in a local criminal court
the district attorney shall file a superior court information in the
appropriate superior court within ten days of the execution of the court
order approving the waiver. Upon application of a defendant whose
waiver of indictment has been approved by the court, and who, at the
time of such approval or subsequent thereto, has been committed to the
custody of the sheriff pending disposition of the action, and who has
been confined in such custody for a period of more than ten days from
the date of approval without the filing by the district attorney of a
superior court information, the superior court must release him on his
own recognizance unless:
(a) The failure of the district attorney to file a superior court
information during such period of confinement was due to defendant's
request, action or condition or occurred with his consent; or
(b) The people have shown good cause why such order of release should
not be issued. Such good cause must consist of some compelling fact or
circumstance which precluded the filing of the superior court
information within the prescribed period.
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