People v. Guerrerio

OPINION OF THE COURT

Solomon H. Friend, J.

This case presents an issue of first impression, namely, whether in the absence of a valid arraignment a defendant’s *518mail request for a supporting deposition sent prior to the return date that the defendant is directed to appear in court is timely and valid and triggers a response by the People. For the reasons hereafter discussed, this court holds that defendant’s request for a supporting deposition was timely, and, therefore, the People’s failure to respond within 30 days from the return date mandates dismissal of the simplified traffic informations.

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