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| Quick Facts I consider myself to be one the most experienced attorneys in the state of New York on the topic of Supporting Depositions, I have had hundreds of summonses dismissed on that basis. I even had at least one case to the Appellate Term, where I won the argument and the case was dismissed. See that opinion here. |
| 1) You have no right to request a supporting deposition in dreaded TVB - Traffic Violations Bureau hearing offices. (see here for more info about the TVB |
| 2) In general, more and more police agencies in New York are providing the supporting deposition when they issue the summons, which would make this whole discussion irrelevant. However, there are two considerations here, just because the officer prints out the ticket at the scene, check to see if the Supporting Deposition is attached or not, if not, you still may request one within 30 days of the return date printed on the ticket. Also, even if the supporting deposition is provided, check to see if it is facially sufficient. |
| 3) Timing is everything. The request must be timely made, see the law below: |
| 4) the relevant law on this
topic from the New York Criminal Procedure is the following: §
100.20 Supporting deposition; definition, form and content. A
supporting deposition is a written instrument accompanying or filed
in connection with an information, a simplified information, a
misdemeanor complaint or a felony complaint, subscribed and verified
by a person other than the complainant of such accusatory
instrument, and containing factual allegations of an evidentiary
character, based either upon personal knowledge or upon information
and belief, which supplement those of the accusatory instrument and
support or tend to support the charge or charges contained therein. § 100.25 Simplified information; form and content; defendant's right to supporting deposition; notice requirement. 1. A simplified information must be substantially in the form prescribed by the commissioner of motor vehicles, the commissioner of parks and recreation, or the commissioner of environmental conservation, as the case may be. 2. A defendant charged by a simplified information is, upon a timely request, entitled as a matter of right to have filed with the court and served upon him, or if he is represented by an attorney, upon his attorney, a supporting deposition of the complainant police officer or public servant, containing allegations of fact, based either upon personal knowledge or upon information and belief, providing reasonable cause to believe that the defendant committed the offense or offenses charged. To be timely, such a request must, except as otherwise provided herein and in subdivision three of this section, be made before entry of a plea of guilty to the charge specified and before commencement of a trial thereon, but not later than thirty days after the date the defendant is directed to appear in court as such date appears upon the simplified information and upon the appearance ticket issued pursuant thereto. If the defendant's request is mailed to the court, the request must be mailed within such thirty day period. Upon such a request, the court must order the complainant police officer or public servant to serve a copy of such supporting deposition upon the defendant or his attorney, within thirty days of the date such request is received by the court, or at least five days before trial, whichever is earlier, and to file such supporting deposition with the court together with proof of service thereof. Notwithstanding any provision to the contrary, where a defendant is issued an appearance ticket in conjunction with the offense charged in the simplified information and the appearance ticket fails to conform with the requirements of subdivision two of section 150.10, a request is timely when made not later than thirty days after (a) entry of the defendant's plea of not guilty when he or she has been arraigned in person, or (b) written notice to the defendant of his or her right to receive a supporting deposition when a plea of not guilty has been submitted by mail. 3. When at least one of the offenses charged in a simplified information is a misdemeanor, the court may, upon motion of the defendant, for good cause shown and consistent with the interest of justice, permit the defendant to request a supporting deposition beyond the thirty day request period set forth in subdivision two of this section provided, however, that no motion may be brought under this subdivision after ninety days has elapsed from the date the defendant is directed to appear in court as such date appears upon the simplified information and upon the appearance ticket issued pursuant thereto. 4. Notwithstanding any provision of law to the contrary, where a person is charged by a simplified information and is served with an appearance ticket as defined in section 150.10, such appearance ticket shall contain the following language: "NOTICE: YOU ARE ENTITLED TO RECEIVE A SUPPORTING DEPOSITION FURTHER EXPLAINING THE CHARGES PROVIDED YOU REQUEST SUCH SUPPORTING DEPOSITION WITHIN THIRTY DAYS FROM THE DATE YOU ARE DIRECTED TO APPEAR IN COURT AS SET FORTH ON THIS APPEARANCE TICKET. DO YOU REQUEST A SUPPORTING DEPOSITION? [ ] YES [ ] NO" § 100.30 Information, misdemeanor complaint, felony complaint, supporting deposition and proof of service of supporting deposition; verification. 1. An information, a misdemeanor complaint, a felony complaint, a supporting deposition, and proof of service of a supporting deposition may be verified in any of the following manners: (a) Such instrument may be sworn to before the court with which it is filed. (b) Such instrument may be sworn to before a desk officer in charge at a police station or police headquarters or any of his superior officers. (c) Where such instrument is filed by any public servant following the issuance and service of an appearance ticket, and where by express provision of law another designated public servant is authorized to administer the oath with respect to such instrument, it may be sworn to before such public servant. (d) Such instrument may bear a form notice that false statements made therein are punishable as a class A misdemeanor pursuant to section 210.45 of the penal law, and such form notice together with the subscription of the deponent constitute a verification of the instrument. (e) Such instrument may be sworn to before a notary public. 2. An instrument specified in subdivision one may be verified in any manner prescribed therein unless in a particular case the court expressly directs verification in a particular manner prescribed in said subdivision one. |
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