Legal Question in Traffic Law in New York

question on CPL 100.25(2) and 100.40(2) regarding deposition timing

Got a speeding ticket on an interstate and plead not quilty and requested a deposition on 3/2/04.

Got a letter from the town justice of the town I was passing through saying pursuant to CPL 100.25(2) I must receive the ''deposition within 30 days of the defendant's request date and at least 5-days propr to trial.''

Later it says, ''Failure to comply will result in a dismissal of the charge pursuant to 100.40(2) of the CPL.''

The deposition was postmarked 4/14/04.

The court date on the ticket was 3/16/04. The court date on the letter from the town justice was 4/20/04.

Not hearing from anyone, I wrote the town justice on 4/12/04 and told him I didn't get a deposition, so I believe the charge has been / should be dismissed according to his letter.

I hadn't heard anything, and called today.

The court clerk in the town told me it's 30 days from my request OR at least 5 days before trial. That's a big difference.

Again, the letter the justice sent the trooper and copied me on said AND.

Should this charge be dismissed? If it really correctly reads OR, can I get out of this showing the town justice clearly wrote AND? Would I need an attorney?

Thanks.


Asked on 4/19/04, 1:52 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: question on CPL 100.25(2) and 100.40(2) regarding deposition timing

If this is important to you to both assert your rights and to be properly represented then I suggest you retain counsel. You may call my office @718-834-0087 for more info.

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Answered on 4/20/04, 1:01 pm


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