3.9 - B. Simplified Informations

• Jurisdiction: New York

b. Simplified Informations

A simplified information is a written accusation by a police officer or other public servant charging a defendant with a violation of the Vehicle and Traffic Law or with the commission of any of the non-felony offenses contained in the Environmental Conservation Law, the Navigation Law or the Parks and Recreation Law.³⁷¹ The various state commissioners prescribe the form and content of their respective accusatory instruments, which need not contain any factual allegations of an evidentiary character.³⁷² To obtain written factual allegations of an evidentiary nature, defense counsel must request a supporting deposition.³⁷³ The supporting deposition contains statements of the complainant police officer or other public official based upon information and belief or personal knowledge, which provide reasonable cause to believe that the defendant committed the offense or offenses charged.³⁷⁴ The request for the supporting deposition must be made before a plea of guilty and before the start of trial, but no later than 30 days after the date the defendant is directed to appear in court.³⁷⁵ If the defendant’s request is mailed to the court, the request must be mailed within the 30-day period.³⁷⁶ This 30-day period may, under certain circumstances, be extended by the court.³⁷⁷ The supporting deposition, unlike the simplified information, must be verified.³⁷⁸ The...