CPL 195

Vocabulary flashcards covering the key terms, legal requirements, timing rules, and statutory citations under CPL Article 195 (Waiver of Indictment).

CPL 195.10

The New York Criminal Procedure Law section permitting a defendant to waive grand jury indictment and proceed by Superior Court Information (SCI) if held for grand jury action, the offense is eligible, and the district attorney consents.

Superior Court Information (SCI)

An accusatory instrument filed by the district attorney following a valid waiver of indictment that carries the same legal force and effect as a grand jury indictment.

Ineligible Offenses for Waiver

Class A felonies punishable by death or life imprisonment, which cannot be prosecuted by waiver of indictment under CPL 195.10.

CPL 195.20

The Criminal Procedure Law section governing the required written instrument for a waiver of indictment, including its detailed contents, acknowledgments, and execution formalities.

Written Waiver Contents

Mandatory contents of the written instrument including the court name, title of the criminal action, names of offenses charged, and the date, approximate time, and place of each offense.

Permissible SCI Offenses

Offenses for which the defendant was held for grand jury action and any additional offenses properly joinable under CPL 200.20 and CPL 200.40.

Waiver Execution Formalities

Statutory requirements specifying that a waiver must be signed by the defendant in open court, signed in the presence of defense counsel, and endorsed by the district attorney.

CPL 195.30

The Criminal Procedure Law section requiring judicial review and written approval of a waiver of indictment before it becomes effective.

Pending Status in Local Criminal Court

The legal status of a criminal action when a waiver is approved in local criminal court, remaining pending there until the superior court receives the transferred waiver, approval order, and case documents.

CPL 195.40

The Criminal Procedure Law section specifying the filing deadlines for a Superior Court Information (SCI) and rules governing custody release for filing delays.

SCI Filing Deadline (Superior Court)

The requirement that the district attorney must file the SCI immediately at the time the waiver is signed if the waiver occurs in superior court.

SCI Filing Deadline (Local Criminal Court)

The requirement that the district attorney must file the SCI in superior court within 10 days after court approval if the waiver occurs in local criminal court.

Release on Own Recognizance (ROR) under CPL 195.40

Mandatory release of a detained defendant if an SCI is not filed within 10 days of waiver approval, unless the delay was caused by the defendant or the prosecution shows good cause.

Good Cause for SCI Filing Delay

A compelling fact or circumstance that prevented the district attorney from filing the Superior Court Information (SCI) within the required 10-day period.