In Tyler, the defendant was issued a ticket for speeding on April 21, 2002. In other words, the way CPL 100.25(2) is written now, a defendant is entitled to request a supporting deposition as soon as he is “ticketed.”
Tyler, 1 N.Y.3d 493, 496 (2004) the Court of Appeals acknowledged and explained the 1996 amendment to CPL 100.25(2) which allowed a defendant to now request a supporting deposition after he has been charged by a simplified information. However, shortly after the Court of Appeals decided Perry, the New York State Legislature amended CPL 100.25(2) to allow a defendant to request a supporting deposition after he has been “charged by” a simplified information (a traffic ticket) as opposed to “arraigned upon.” Applying this rule to the specific facts in Perry, the Court of Appeals concluded that because the defendant had not been properly arraigned at the time he requested the supporting deposition, his request failed to trigger the People’s statutory obligation to timely file and serve the supporting deposition. In 1996 when Perry was decided a defendant was only entitled to a supporting deposition after he had been “arraigned upon a simplified information.” See Perry, 87 N.Y.2d at 355 citing CPL 100.25(2)(1996).Īccordingly, the Court of Appeals held that a defendant who has not been properly arraigned “is not entitled to request a supporting deposition and any such request is a nullity.” Id. The case wound its way through the appellate process with the Court of Appeals ultimately reversing the dismissal and reinstating the ticket holding that defense counsel’s “appearance letter” did not constitute or eliminate the need for a formal arraignment. The supporting was not served on defendant and his subsequent motion to dismiss was granted. Thereafter, defendant’s attorney sent an “appearance letter” to the local court indicating that defendant was pleading not guilty and requesting a supporting deposition. In Perry, the defendant was charged Failing to Yield The Right of Way to an Emergency Vehicle in violation of VTL 1144 – a traffic infraction. 100.25(2) formerly “expressly provided that a defendant is only entitled to a supporting deposition after he has been arraigned upon a simplified information (a traffic ticket). (Of course these rules do not apply to New York City Traffic Tickets which are not handled in a “criminal court”.) However, when can a defendant request a supporting deposition? Can the defendant request the supporting deposition prior to the return date on the ticket? Can the defendant request the supporting deposition prior to actually being arraigned on the traffic ticket? In other words, can the defendant request the supporting deposition before he even enters his not guilty plea? As explained below, the answer is yes a defendant may request the supporting deposition prior to the return date on his ticket and prior to his arraignment on the ticket.Ĭriminal Procedure Law sec. In New York, when a defendant is charged in a criminal court with a traffic infraction such as speeding, he is entitled to a supporting deposition upon a timely demand. Knowing the rules helps us obtain the best results for our clients. At Tilem & Campbell we handle traffic tickets throughout New York State.
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