N.Y. Criminal Procedure Law § 100.25: Simplified information; form and content; defendant's right to supporting deposition; notice requirement

§ 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"