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


Latest version.
  • 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"