New York Consolidated Laws, Criminal Procedure Law - CPL § 195.10 Waiver of indictment;  in general

(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 imprisonment;  and

(c) the district attorney consents to the waiver.

(a) The local criminal court in which the order was issued holding the defendant for action of a grand jury, at the time such order is issued;  or

(b) the appropriate superior court, at any time prior to the filing of an indictment by the grand jury.