People v. Scherbner

*252OPINION 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 has yet been arraigned. For the reasons explained below, the court holds that CPL 100.25 should be applied in a manner consistent with prior Court of Appeals determinations on when a court acquires…