People v. Gutterson

CourtNew York Villiage Court
Citation93 Misc.2d 1105,403 N.Y.S.2d 998
PartiesThe PEOPLE of the State of New York, Plaintiff, v. Robert S. GUTTERSON, Defendant.
Decision Date06 April 1978

Page 998

403 N.Y.S.2d 998
93 Misc.2d 1105
The PEOPLE of the State of New York, Plaintiff,
v.
Robert S. GUTTERSON, Defendant.
Village Court of Lattingtown, Nassau County.
April 6, 1978.

Page 999

Matthew P. Brady, Mineola, for plaintiff.

Robert S. Gutterson, pro se.

WILLIAM R. HUMBURG, Village Justice.

On February 25, 1977, the defendant, Robert S. Gutterson, was issued a uniform traffic summons by a member of the Nassau County Police Department which charged said defendant with a violation of Article 2, Section 230.02 of the Ordinances of the Village of Lattingtown in that he allegedly operated his motor vehicle within the Village of Lattingtown at a speed of 52 miles per hour in a 40 mile per hour zone.

The defendant appeared pro se before the Village Court in Lattingtown and requested certain documents from the Nassau County Police Department which he believed would aid him in the preparation of his defense to the alleged violation. This Court advised the defendant to make a written application to the Court, on notice to the People, requesting the information, documents, etc. which the defendant deemed necessary for his defense. The defendant has complied with the Court's directive by serving his requests and the reasons therefor on the Prosecuting Attorney for the Village. The defendant's requests are as follows:

1. A Bill of Particulars specifically stating the means by which the police officer arrived at the determination that the defendant exceeded the speed limit.

Page 1000

2. If a radar unit was used to measure the speed of defendant's automobile, defendant seeks to obtain service records for said unit and when it was last calibrated before February 25, 1977, as well as records for maintenance and calibration thereafter.

3. Finally, defendant requests personnel records of the arresting officer, i. e., test scores or grades in determining or measuring his ability to use equipment for recording the speed of motor vehicles, test scores or grades measuring his ability to visually estimate the speed of motor vehicles, the deficienci and margins of error therein and the dates when said patrolman was given refresher or training courses in the use of such equipment and/or his ability to estimate speeds of moving vehicles.

It is fundamental to our system of justice that a defendant must be fully apprised of the facts and law which he is being accused of having violated. In this matter, the defendant is entitled to receive, in addition to the simplified traffic information with which he was served on February 25, 1977, a supporting deposition (CPL 100.25(2)) by the police officer containing factual allegations of an evidentiary character which supplements the simplified traffic information and supports the belief that defendant committed the offense charged (CPL 100.20, 100.25(2)). The defendant has an absolute right to a supporting deposition before the commencement of trial. (People v. DeFeo, 77 Misc.2d 523, 524, 355 N.Y.S.2d 905). Accordingly, the complainant police officer is directed to file a supporting deposition with this Court and cause a copy thereof to be served upon the defendant.

In addition, in order that the defendant may be able to properly prepare and conduct his defense in this matter (see CPL 100.45, 200.90), this Court is satisfied that defendant is entitled to more particularization about his alleged violation than is contained in the simplified...

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8 practice notes
  • People v. Price
    • United States
    • United States State Supreme Court (New York)
    • June 14, 1979
    ...subordinate to the defendant's right to cross-examine those witnesses on relevant and material issues in the case ( People v. Gutterson, 93 Misc.2d 1105, 1108-1109, 403 N.Y.S.2d 998, 1000-1001 (Vill.Ct.Nassau Co.1978): ability to estimate speeds of moving vehicles; People v. Lugo, Supra, 93......
  • People v. Correia
    • United States
    • New York Villiage Court
    • July 21, 1988
    ...and the defendant may obtain pre-trial disclosure thereof (via proper discovery request) for that purpose. People v. Gutterson, 93 Misc.2d 1105, 1108-09, 403 N.Y.S.2d 998. Where no objection is made to the admissibility of the police officer's qualifications, his opinion must be considered ......
  • People v. Zisis
    • United States
    • New York City Court
    • April 21, 1982
    ...v. DeFeo, 77 Misc.2d 253, 355 N.Y.S.2d 905 (1974); People v. Zagorsky, 73 Misc.2d 420, 341 N.Y.S.2d 791 (1973), and People v. Gutterson, 93 Misc.2d 1105, 403 N.Y.S.2d 998 (1978). All of these cases appear to be slightly off the mark. Each involves the requirement in CPL 100.25(2) that, upon......
  • People v. Callender
    • United States
    • New York City Court
    • December 7, 1979
    ...De Feo, 77 Misc.2d 523, 524, 355 N.Y.S.2d 905, 906; People v. Zagorsky, 73 Misc.2d 420, 425, 341 N.Y.S.2d 791, 796; People v. Gutterson, 93 Misc.2d 1105, 403 N.Y.S.2d 998). Further, the time within which a defendant may make pretrial motions runs from the arraignment regardless of whether t......
  • Request a trial to view additional results
8 cases
  • People v. Price
    • United States
    • United States State Supreme Court (New York)
    • June 14, 1979
    ...subordinate to the defendant's right to cross-examine those witnesses on relevant and material issues in the case ( People v. Gutterson, 93 Misc.2d 1105, 1108-1109, 403 N.Y.S.2d 998, 1000-1001 (Vill.Ct.Nassau Co.1978): ability to estimate speeds of moving vehicles; People v. Lugo, Supra, 93......
  • People v. Correia
    • United States
    • New York Villiage Court
    • July 21, 1988
    ...and the defendant may obtain pre-trial disclosure thereof (via proper discovery request) for that purpose. People v. Gutterson, 93 Misc.2d 1105, 1108-09, 403 N.Y.S.2d 998. Where no objection is made to the admissibility of the police officer's qualifications, his opinion must be considered ......
  • People v. Zisis
    • United States
    • New York City Court
    • April 21, 1982
    ...v. DeFeo, 77 Misc.2d 253, 355 N.Y.S.2d 905 (1974); People v. Zagorsky, 73 Misc.2d 420, 341 N.Y.S.2d 791 (1973), and People v. Gutterson, 93 Misc.2d 1105, 403 N.Y.S.2d 998 (1978). All of these cases appear to be slightly off the mark. Each involves the requirement in CPL 100.25(2) that, upon......
  • People v. Callender
    • United States
    • New York City Court
    • December 7, 1979
    ...De Feo, 77 Misc.2d 523, 524, 355 N.Y.S.2d 905, 906; People v. Zagorsky, 73 Misc.2d 420, 425, 341 N.Y.S.2d 791, 796; People v. Gutterson, 93 Misc.2d 1105, 403 N.Y.S.2d 998). Further, the time within which a defendant may make pretrial motions runs from the arraignment regardless of whether t......
  • Request a trial to view additional results

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