People v. Origlia
| Decision Date | 15 January 1988 |
| Parties | The PEOPLE of the State of New York, v. Vincent J. ORIGLIA, Defendant. |
| Court | New York City Court |
Denis Dillon, Dist. Atty. of Nassau County by Mary Louise Biunno, Asst. Dist. Atty., Long Beach, for the People.
Brian J. Davis, Axelrod, Cornachio and Famighetti, Mineola, for defendant.
Defendant was charged on May 6, 1987 by three Simplified Traffic Informations with Aggravated Unlicensed Operation of a Motor Vehicle in the 2d degree in violation of Section 511.2a of the Vehicle and Traffic Law, Unregistered Motor Vehicle in violation of Section 401.1a of the Vehicle and Traffic Law, and Improper Plates in violation of Section 402.4 of the Vehicle and Traffic Law. He was arraigned on October 21, 1987, at which time he appeared with his attorney and entered pleas of not guilty to all charges. Defendant's attorney demanded that supporting depositions be served upon him and filed in accordance with Section 100.25 of the Criminal Procedure Law. Defendant subsequently moved on December 11, 1987, to dismiss the informations because the People had failed to supply supporting depositions in response to his demand in accordance with the provisions of Section 100.25(2) of the Criminal Procedure Law. The People do not controvert the allegation that no supporting depositions were served but move to now file a supporting deposition, or in the alternative, to file a Superceding Information in accordance with the provisions of Sections 170.30, 170.35(1a) and Section 100.50 of the Criminal Procedure Law. The motion is decided as follows:
The motion to dismiss was received by the Court on November 30, 1987 and was returnable on December 11, 1987, clearly more than 30 days from the date of the demand for the serving and filing of the supporting depositions. Section 100.25 of the Criminal Procedure Law gives a defendant charged under a Simplified Traffic Information an absolute right to have a supporting deposition filed with the Court and served upon him or his attorney when demanded before trial and within 30 days after a plea of not guilty to the charge is entered. Such a supporting deposition must be filed and served within 30 days after the demand is received by the Court, or at least five days before trial, whichever is earlier. Failure to comply with the supporting deposition demand provisions of C.P.L. 100.25 renders the Simplified Traffic Information "insufficient on its face."
There can be no question but that the Simplified Traffic Informations in the case at bar are insufficient on their faces. The demands for supporting depositions were timely made and no supporting depositions were served or filed within 30 days thereafter.
The only question to be determined is whether the People's motion to file a Superceding...
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People v. Rossi
...state sufficient facts to establish reasonable cause, but need not state officer's "observations and conclusions"); People v. Origlia, 138 Misc.2d 286, 288, 524 N.Y.S.2d 163. See also: Preiser, Practice Commentary to CPL § 100.25, 11A McKinney's Consol. Laws of NY, at p. If demanded in acco......
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People v. Abajian
...having not been timely supplemented by a supporting deposition, must be dismissed without further ado. See also, People v. Origlia, 138 Misc.2d 286, 524 N.Y.S.2d 163 (Long Beach City But CPL 170.35(1)(a) provides that a simplified traffic information "may not be dismissed as defective, but ......
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People v. Aucello
...have, however, followed diverse approaches when confronted with factual situations similar to the case at bar. In People v. Origlia, 138 Misc.2d 286, 524 N.Y.S.2d 163, the City Court of Long Beach granted a motion by the defendant to dismiss simplified traffic informations for failure to ti......
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People v. Green
...governed by somewhat different standards (see People v Baron, 107 Misc 2d 59 [App Term, 2d Dept 1980]; People v Quarles, supra; People v Origlia, 138 Misc 2d 286 [Long Beach City Ct 1988, Tepper, J.]). To permit the People to circumvent the less factually demanding but temporally stricter p......