NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3635
SPONSOR: Jones TITLE OF BILL:
An act to amend the criminal procedure law, in relation to supporting
depositions that are served at the time of issuance of a simplified
information
PURPOSE:
Complainant police officer or public servant serving a copy of the
supporting deposition at the time of issuance of a simplified informa-
tion shall be prima facie proof that the supporting deposition was
served upon the defendant with the simplified information.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 2 of section 100.25 of the criminal proce-
dure law to include supporting depositions given in conjunction with the
simplified information to be filed with the court with proof of service
thereof meets the requirement of providing said deposition upon request
of the defendant. This establishes that roadside service of an affidavit
of a supporting deposition concurrent with the issuing of the ticket
satisfies service of a supporting deposition requirement.
Section 2 This act shall take effect immediately.
JUSTIFICATION:
Currently, supporting depositions provided at the time of service do not
fulfill the requirement of providing said document to the defendant.
People v Wagschal, 2018 Slip Op 28051 (App. Tam, 2d Dept, Feb. 15,
2018), the court found that roadside service of a supporting deposition
alone does not satisfy the service requirements outlined in law. The
court determined that failure to file an affidavit of service of
supporting deposition requires dismissal. The record demonstrated that a
supporting depbsition had been filed with the courts but was not accom-
panied with any "proof of service thereof'. This failed to demonstrate
full compliance with CPL 100.25 (2). The court determined the failure to
file an affidavit of service of a supporting deposition requires
dismissal.
This measure simplifies the procedure and clarifies that when a support-
ing deposition is served concurrent with simplified information it
satisfies notice requirements under CPL 100.25 (2). If no service is not
effectuated with simplified information, the defendant retains their
right to demand such service of a supporting deposition.
LEGISLATIVE HISTORY:
New Bill
