§ 100.25 — Simplified information; form and content; defendant's right to supporting deposition; notice requirement

New York § 100.25

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title H: Preliminary Proceedings In Local Criminal Court
• Part 2: The Principal Proceedings
• Art. 100: Commencement of Action In Local Criminal Court or Youth Part of a Superior Court--accusatory Instruments

Text

§ 100.25 Simplified information; form and content; defendant's right to\n supporting deposition; notice requirement.\n 1. A simplified information must be substantially in the form\nprescribed by the commissioner of motor vehicles, the commissioner of\nparks and recreation, or the commissioner of environmental conservation,\nas the case may be.\n 2. A defendant charged by a simplified information is, upon a timely\nrequest, entitled as a matter of right to have filed with the court and\nserved upon him, or if he is represented by an attorney, upon his\nattorney, a supporting deposition of the complainant police officer or\npublic servant, containing allegations of fact, based either upon\npersonal knowledge or upon information and belief, providing reasonable\ncause to believe that the defendant committed the offense or offenses\ncharged. To be timely, such a request must, except as otherwise provided\nherein and in subdivision three of this section, be made before entry of\na plea of guilty to the charge specified and before commencement of a\ntrial thereon, but not later than thirty days after the date the\ndefendant is directed to appear in court as such date appears upon the\nsimplified information and upon the appearance ticket issued pursuant\nthereto. If the defendant's request is mailed to the court, the request\nmust be mailed within such thirty day period. Upon such a request, the\ncourt must order the complainant police officer or public servant to\nserve a copy of such supporting deposition upon the defendant or his\nattorney, within thirty days of the date such request is received by the\ncourt, or at least five days before trial, whichever is earlier, and to\nfile such supporting deposition with the court together with proof of\nservice thereof. Notwithstanding any provision to the contrary, where a\ndefendant is issued an appearance ticket in conjunction with the offense\ncharged in the simplified information and the appearance ticket fails to\nconform with the requirements of subdivision two of section 150.10, a\nrequest is timely when made not later than thirty days after (a) entry\nof the defendant's plea of not guilty when he or she has been arraigned\nin person, or (b) written notice to the defendant of his or her right to\nreceive a supporting deposition when a plea of not guilty has been\nsubmitted by mail.\n 3. When at least one of the offenses charged in a simplified\ninformation is a misdemeanor, the court may, upon motion of the\ndefendant, for good cause shown and consistent with the interest of\njustice, permit the defendant to request a supporting deposition beyond\nthe thirty day request period set forth in subdivision two of this\nsection provided, however, that no motion may be brought under this\nsubdivision after ninety days has elapsed from the date the defendant is\ndirected to appear in court as such date appears upon the simplified\ninformation and upon the appearance ticket issued pursuant thereto.\n 4. Notwithstanding any provision of law to the contrary, where a\nperson is charged by a simplified information and is served with an\nappearance ticket as defined in section 150.10, such appearance ticket\nshall contain the following language: "NOTICE: YOU ARE ENTITLED TO\nRECEIVE A SUPPORTING DEPOSITION FURTHER EXPLAINING THE CHARGES PROVIDED\nYOU REQUEST SUCH SUPPORTING DEPOSITION WITHIN THIRTY DAYS FROM THE DATE\nYOU ARE DIRECTED TO APPEAR IN COURT AS SET FORTH ON THIS APPEARANCE\nTICKET. DO YOU REQUEST A SUPPORTING DEPOSITION?\n[ ] YES\n[ ] NO"\n