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"