2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 100 - Commencement of Action in Local Criminal Court or Youth Part of a Superior Court--Accusatory Instruments › 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"