People v. Fattizzi

OPINION OF THE COURT

Memorandum.

Judgment of conviction affirmed.

Defendant, charged with the traffic infraction of speeding (Vehicle and Traffic Law, § 1180, subd [d]), made a timely request for a supporting deposition. The deposition was not served and at trial defendant orally moved to dismiss based upon such failure. The motion was denied, the matter proceeded to trial and defendant was convicted of the charge. On this appeal, defendant contends that the information is defective and his motion should have been granted.

The failure to serve a supporting deposition renders a simplified traffic…