People v. Davis

OPINION OF THE COURT

Stephen D. Aronson, J.

In this prosecution for driving while intoxicated (DWI), it is held that after a defective supporting deposition is served, the People’s statements of readiness are illusory when the defendant files a motion to dismiss the accusatory instrument.

The defendant was charged by a simplified traffic information with driving while intoxicated as a misdemeanor. The People served a supporting deposition that was unverified and therefore defective pursuant to CPL 100.40 (1) (c) and 100.15 (3). The defendant moved the local criminal court to dismiss the…