PEOPLE v. SCHERBNER


21 Misc.3d 251 (2008)

863 N.Y.S.2d 352

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KARINA SCHERBNER, Defendant.

Justice Court of Village of Muttontown, Nassau County.

August 14, 2008.


Attorney(s) appearing for the Case

Keith A. Lavallee, Farmingdale, for defendant.

Joseph Carrieri, Village Prosecutor, Mineola, for plaintiff.


OPINION OF THE COURT

MARTIN I. KAMINSKY, J.

This case raises a new issue as to when the defendant in a traffic case must request a supporting deposition in order not to waive his/her right to such a supporting deposition.

The 1996 amendment to CPL 100.25 requires a defendant to request a supporting deposition within 30 days of the return date of his/her ticket, regardless of whether the defendant...

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