Legal Question in Criminal Law in New York

Supporting Deposition

After I appeared in the Court I was served with the misdemeanor complaint (harassment in the 2nd degree) subscribed by the Detective and dated in November of 2002 due to the complaint filed by a person from my building in October of 2002, a month earlier. It is my understanding that a 'Supporting Deposition' signed by the person from my building should have been filed and provided to me. How can Detective file a complaint after one month if there is no evidence that I 'continued to harass' that person.

I ask this because of what I was able to find on line:

S 100.20 Supporting deposition; definition, form and content.

A supporting deposition is a written instrument accompanying or filed

in connection with an information, a simplified information, a

misdemeanor complaint or a felony complaint, subscribed and verified by

a person other than the complainant of such accusatory instrument, and containing factual allegations of an evidentiary character, based either upon personal knowledge or upon information and belief, which supplement those of the accusatory instrument and support or tend to support the charge or charges contained therein.

Thank you.

Adam


Asked on 5/10/03, 2:06 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Supporting Deposition

You are entitled to a supporting deposition, if you desire more specific information you may contact my office to set up a consultation @718-834-0087.

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Answered on 5/11/03, 7:15 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Supporting Deposition

typically the supporting deposition is supplied with the 'information' (document charging you with the crime). The absence of such a document may render the 'information' inadequate and require dismissal. However, if this happens, the DA can re-file the charge and rectify his error (include the deposition) with no penalty (at least the first time). In any event, you or your attorney has an absolute right to be provided with this and other materials under several rulings of the Supreme Court. you are welcome to a consultation for no charge at my office at 42 west 44th st, ny,ny please call for an appointment first. 646-591-5786

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Answered on 5/11/03, 7:45 pm


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