People v. Thumser

*473OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law, motion to dismiss granted and fine and surcharge remitted.

The sole issue raised on the appeal is the denial upon reargument of defendant’s motion to dismiss the simplified traffic information on the ground that he was not timely served with a supporting deposition.

Defendant was arraigned on December 30, 1988, and requested a supporting deposition in a letter dated January 20, 1989, and received by the clerk of the court on January 23, 1989. In a motion returnable March 15, 1989, defendant moved to dismiss…