Posted 01:53 PM March 25, 2013
New York Criminal Procedure Law § 100.25(2) provides that a defendant charged by a simplified information is, upon a timely request, entitled as a matter of right to a supporting deposition of a complainant police officer and that upon such a request, a court must order the officer to serve a copy of the same within 30 days of the date such request is received by the court, or at least five days before trial, whichever is earlier. N.Y. CPL § 100.25(2).
Failure to comply with the order directing the service and filing of supporting depositions renders the traffic tickets for which they were demanded facially insufficient. CPL 100.40(2); People v. Titus, 178 Misc. 2d 687, 682 N.Y.S.2d 521 [AppTerm, 2d Dept 1998]). This failure divests this Court of jurisdiction to proceed on the simplified traffic information, a divestiture that cannot be "cured" by any attempted untimely service of the supporting deposition. People v. Aucello, 146 Misc. 2d 417, 558 N.Y.S.2d 436 (Appellate Term – Second Department 1990).
Furthermore, the plain language of CPL 100.25 (2) and CPL 100.40 (2) establishes that the designated 30-day period for supplying supporting deposition runs, not from the date of the order directing compliance with a defendant's demand, but from the date the demand is received by the court (see CPL 100.25  ; cf. CPL 100.40 ; and see People v. Titus).