People v. Hohmeyer
People v. Hohmeyer
Opinion of the Court
OPINION OF THE COURT
On September 20, 1985, defendant was arrested on the charge of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). In response to a request by defendant (CPL 100.25 [2]), on September 30, 1985, the People served on him and filed with the court a supporting deposition on a form labeled "Supporting Deposition & DWI Bill of Particulars & 710.30 Notice”. The form includes spaces to fill in general information about the charge, chemical test information, and two and a half columns of potentially applicable police observations of defendant’s behavior before and after the stop, with a box next to each, to be used by the arresting officer in checking those which apply. Thereafter, on December 10, 1985, the People filed with the court and served on defendant a statement of readiness for trial. Both the supporting deposition and the statement of readiness were accepted without objection.
A supporting deposition must be a "written instrument”, "subscribed and verified”, and "containing factual allegations of an evidentiary character * * * which supplement those of the accusatory instrument and support or tend to support the charge or charges contained therein” (CPL 100.20). In addition, CPL 100.25 (2) mandates that the supporting deposition contain "allegations of fact * * * providing reasonable cause to believe that the defendant committed the offense or offenses charged”.
Here, the factual statements in the deposition are communicated by check marks made in boxes next to the applicable conditions and observations signifying the complainant’s allegations as to the existence of those conditions and the truth of those observations. We hold such signification sufficient to meet the requirements of CPL 100.20 that the supporting deposition be a "written instrument” containing "factual allegations of an evidentiary character” which "support or tend to support the charge or charges contained therein”. The sup
The order of County Court should be reversed and the simplified traffic information reinstated.
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in Per Curiam opinion.
Order reversed, etc.
Reference
- Full Case Name
- The People of the State of New York v. Ernest Hohmeyer
- Cited By
- 362 cases
- Status
- Published