Bill Text: NY A07623 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to defendant's right to a supporting deposition; provides the filing of a simplified information indicating that a supporting deposition was provided with the simplified information shall be prima facie proof that the supporting deposition was served upon the defendant with the simplified information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-02-16 - REFERRED TO CODES [A07623 Detail]

Download: New_York-2021-A07623-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7623

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2021
                                       ___________

        Introduced  by  M.  of  A.  CUSICK -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation  to  defendant's
          right to a supporting deposition

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 100.25 of the  criminal  procedure
     2  law, as amended by chapter 67 of the laws of 1996, is amended to read as
     3  follows:
     4    2.  [A] Unless delivered to the defendant with the simplified informa-
     5  tion, a defendant charged by a simplified information is, upon a  timely
     6  request,  entitled as a matter of right to have filed with the court and
     7  served upon him or her, or if he or she is represented by  an  attorney,
     8  upon  his  or  her  attorney, a supporting deposition of the complainant
     9  police officer or public servant, containing allegations of fact,  based
    10  either upon personal knowledge or upon information and belief, providing
    11  reasonable  cause to believe that the defendant committed the offense or
    12  offenses charged. To be timely, such a request must, except as otherwise
    13  provided herein and in subdivision three of this section, be made before
    14  entry of a plea of guilty to the charge specified and  before  commence-
    15  ment  of  a trial thereon, but not later than thirty days after the date
    16  the defendant is directed to appear in court as such date  appears  upon
    17  the  simplified information and upon the appearance ticket issued pursu-
    18  ant thereto. If the defendant's request is  mailed  to  the  court,  the
    19  request  must  be  mailed within such thirty day period. [Upon] Unless a
    20  supporting deposition was delivered to the defendant with the simplified
    21  information and thereafter filed with the court, upon  such  a  request,
    22  the court must order the complainant police officer or public servant to
    23  serve  a copy of such supporting deposition upon the defendant or his or
    24  her attorney, within thirty days of the date such request is received by
    25  the court, or at least five days before trial, whichever is earlier, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10362-01-1
        A. 7623                             2

     1  to file such supporting deposition with the court together with proof of
     2  service thereof.  The filing of a simplified information indicating that
     3  a supporting deposition was provided  with  the  simplified  information
     4  shall  be  prima  facie  proof that the supporting deposition was served
     5  upon the defendant with the simplified information. Notwithstanding  any
     6  provision  to  the  contrary,  where a defendant is issued an appearance
     7  ticket in conjunction with the offense charged in the simplified  infor-
     8  mation  and the appearance ticket fails to conform with the requirements
     9  of subdivision two of section 150.10, a request is timely when made  not
    10  later  than  thirty  days after (a) entry of the defendant's plea of not
    11  guilty when he or she has been  arraigned  in  person,  or  (b)  written
    12  notice  to  the  defendant  of  his or her right to receive a supporting
    13  deposition when a plea of not guilty has been submitted by mail.
    14    § 2. This act shall take effect on the first of November next succeed-
    15  ing the date on which it shall have become a law and shall apply to  all
    16  simplified informations issued on or after such effective date.