People v. Schlosser
| Decision Date | 18 September 1985 |
| Parties | The PEOPLE of the State of New York v. Norman H. SCHLOSSER, Defendant. |
| Court | New York District Court |
Defendant's motion to dismiss the simplified traffic information filed against him herein is hereby denied.
The Court notes the official file of this matter includes supporting deposition, dated June 7, 1985, "to Kevin Schlosser, 30 Rockefeller Plaza, 22nd Floor, New York, New York."
The Court observes defense counsel pled his client "not guilty" by mail and demanded a supporting deposition, all within the same letter dated April 22, 1985, addressed only to the Clerk of the Traffic Court.
No copy of this letter was served upon the office of the District Attorney (the adversary of defense counsel) who represents the People in all traffic prosecutions in the Central Traffic Court of Nassau County, a well-known and notorious fact.
The CPLR requires service of a copy of papers in a pending proceeding upon one's adversary. The C.P.L. and V.T.L. do not contravene or rule otherwise. The mere fact that C.P.L. § 100.25, et seq., requires that the demand be made upon the Clerk, does not exclude the necessity of service of a copy of same upon one's adversary--in this case the office of the Nassau County District Attorney, a fact this Court judicially notices.
Professor David Siegel, commenting upon CPLR 2103(e), points out at p.240 of New York Practice, that the aim of that section is to keep all parties posted of all steps taken in the action. This principle also applies in the instant case, under the general rule that in regard to procedural matters, where the Criminal Procedure Law is silent, we look to the CPLR for guidance.
Further, it is a matter of fundamental fairness that when a defendant requests a supporting deposition pursuant to C.P.L. § 100.25, that he be required to serve a copy of the demand upon the District Attorney.
If the prosecutor does not receive notice that the defendant has demanded a supporting deposition, that office is left in the position where it is not given any opportunity to facilitate or expedite the swearing out, filing and service of a copy of the deposition upon the defendant.
In Nassau County, the District Attorney is the People's advocate in traffic matters...
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People v. Rossi
...the Clerk of the Court, not the prosecuting attorney. People v. Branchinelli, 146 Misc.2d 73, 545 N.Y.S.2d 914. Cf. People v. Schlosser, 129 Misc.2d 690, 493 N.Y.S.2d 750 (copy should be served upon both Clerk and prosecuting attorney). At bar, there is no dispute that the defendant made ti......
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People v. Utsett
...request for a supporting deposition to be made to the court, not just to the People. See: CPL § 100.25(2); People v Schlosser, 129 Misc 2d 690, 690 (NY Dist Ct 1985); Handling a Criminal Case in New York § 3:76 (Muldoon 2015). As is indicated in the treatise, New York Driving While Intoxica......
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People v. Utsett
...for a supporting deposition to be made to the court, not just to the People. See: CPL § 100.25(2) ; People v. Schlosser, 129 Misc.2d 690, 690, 493 N.Y.S.2d 750 (N.Y.Dist.Ct.1985) ; Handling a Criminal Case in New York § 3:76 (Muldoon 2015). As is indicated in the treatise, New York Driving ......
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People v. Fysekis
...N.Y.S.2d 318, citing, Preiser, Practice Commentaries, McKinney's Cons. Laws of N.Y., Book 11A, CPL 1.10, at 10-11; People v. Schlosser, 129 Misc.2d 690, 493 N.Y.S.2d 750). Since the CPL fails to address declaratory judgments, the court may turn to the CPLR for guidance (see, People v. Fulto......