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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) you have no right to request a supporting deposition in New Jersey either.
|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. For example is the accused speed substantiated?|
|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
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
(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
(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
5) If the summons is dismissed for no supporting deposition, often the police will try to reissue it. Here is a case that says they cannot do so, even though the black letter law allows for it.
PEOPLE v. ROSENFELD, 163 Misc.2d 982 (1994) 626 N.Y.S.2d 352 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN ROSENFELD, Appellant Supreme Court, Appellate Term, Second Department December 20, 1994
MEMORANDUM. Judgment of conviction unanimously reversed as a matter
of discretion in the interest of justice, simplified information
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