3.6 - B. Superior Court Informations

• Jurisdiction: New York

b. Superior Court Informations

Under CPL article 195, a defendant who has been charged with a felony offense (other than a class A felony) in a felony complaint, after being held for the action of the grand jury, may waive indictment and consent to be prosecuted by a superior court information—so long as an indictment has not already been voted and filed.³⁵⁶ In this instance, the superior court information may charge the defendant with any lesser included offenses in addition to the offenses charged in the original accusatory instrument.³⁵⁷ Once an indictment is filed, a defendant may not waive prosecution by indictment.³⁵⁸ However, even after an indictment has been filed, a defendant may...