by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
1. A defendant may waive indictment and consent to be prosecuted by superior court information when: (a) a local criminal court has held the defendant for the action of a grand jury; and(b) the defendant is not charged with a class A felony punishable by death or life...
by admin | May 14, 2021 | Criminal Procedure, New York
1. When a court makes an order accepting a report of a grand jury pursuant to paragraph (a) of subdivision one of section 190.85, any public servant named therein may appeal the order; and when a court makes an order sealing a report of a grand jury pursuant to...
by admin | May 14, 2021 | Criminal Procedure, New York
1. The grand jury may submit to the court by which it was impaneled, a report: (a) Concerning misconduct, non-feasance or neglect in public office by a public servant as the basis for a recommendation of removal or disciplinary action; or(b) Stating that after...
by admin | May 14, 2021 | Criminal Procedure, New York
Upon application of a defendant who on the basis of a felony complaint has been held by a local criminal court for the action of a grand jury, and who, at the time of such order or subsequent thereto, has been committed to the custody of the sheriff pending such grand...
by admin | May 14, 2021 | Criminal Procedure, New York
1. If upon a charge that a designated person committed a crime, either (a) the evidence before the grand jury is not legally sufficient to establish that such person committed such crime or any other offense, or (b) the grand jury is not satisfied that there is...
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