N.Y. CPL. LAW § 200.80 : NY Code - Section 200.80: Indictment; superseding indictments

Search N.Y. CPL. LAW § 200.80 : NY Code - Section 200.80: Indictment; superseding indictments

If  at  any  time before entry of a plea of guilty to an indictment or
  commencement of a trial thereof another indictment is filed in the  same
  court  charging  the  defendant  with  an  offense  charged in the first
  indictment, the first indictment  is,  with  respect  to  such  offense,
  superseded  by the second and, upon the defendant's arraignment upon the
  second indictment, the count  of  the  first  indictment  charging  such
  offense  must  be  dismissed by the court.  The first indictment is not,
  however, superseded with respect to any count  contained  therein  which
  charges  an offense not charged in the second indictment. Nothing herein
  precludes  the  filing  of  a  superseding  indictment  when  the  first
  accusatory instrument is a superior court information.