1. A defendant against whom a misdemeanor complaint is pending is not required to
enter a plea thereto. For purposes of prosecution, such instrument must, except as provided in subdivision
three, be replaced by an information, and the defendant must be arraigned thereon. If the misdemeanor complaint is supplemented by a supporting deposition and such
instruments taken together satisfy the requirements for a valid information, such
misdemeanor complaint is deemed to have been converted to and to constitute a replacing
2. An information which replaces a misdemeanor complaint need not charge the same
offense or offenses, but at least one count thereof must charge the commission by
the defendant of an offense based upon conduct which was the subject of the misdemeanor
complaint. In addition, the information may, subject to the rules of joinder, charge any other
offense which the factual allegations thereof or of any supporting depositions accompanying
it are legally sufficient to support, even though such offense is not based upon conduct
which was the subject of the misdemeanor complaint.
3. A defendant who has been arraigned upon a misdemeanor complaint may waive prosecution
by information and consent to be prosecuted upon the misdemeanor complaint. In such case, the defendant must be required, either upon the date of the waiver
or subsequent thereto, to enter a plea to the misdemeanor complaint.
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