Article 195 Waiver of Indictment

Question 1

CPL 195.10
Select the correct answer.
A defendant may waive prosecution by indictment and with the district attorney’s consent may be tried on a superior court information for:
(a) any crime
(b) any crime except murder
(c) any felony charge
(d) any crime except a class A felony punishable by death or life imprisonment.

Answer 1

Answer: (d)
Choice (d) is correct (CPL 190.80).
Any crime except a class A felony punishable by death or life imprisonment.

Question 2

CPL 195.20
Select the correct answer.
A waiver of prosecution by indictment:
(a) may be made orally by defendant, in open court and on the record
(b) may be made orally by defendant in open court only if his attorney is present and joins in the application
(c) must be in writing, signed by the defendant
(d) must be in writing only for felony charges.

Answer 2

Answer: (c)
Choice (c) is correct (CPL 195.20).
Must be in writing, signed by the defendant