Monday, March 25, 2013

Demand for a Supporting Depositions

Demand for a Supporting Depositions

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 [2] [13]; cf. CPL 100.40 [2]; and see People v. Titus).

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