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