N.Y. Crim. Proc. Law § 195.10

§ 195.10 Waiver of indictment; in general.\n 1. A defendant may waive indictment and consent to be prosecuted by\nsuperior court information when:\n (a) a local criminal court has held the defendant for the action of a\ngrand jury; and\n (b) the defendant is not charged with a class A felony punishable by\ndeath or life imprisonment; and\n (c) the district attorney consents to the waiver.\n 2. A defendant may waive indictment pursuant to subdivision one in\neither:\n (a) the local criminal court in which the order was issued holding the\ndefendant for action of a grand jury, at the time such order is issued;\nor\n (b) the appropriate superior court, at any time prior to the filing of\nan indictment by the grand jury.\n