Opinion
No. CR–1017–14.
2015-04-14
The PEOPLE of the State of New York, v. Alexander BLUM, Defendant.
The information here was defective in that the supporting deposition upon which the complainant trooper relied was unsigned, and was therefore a nullity. As the People concede, pursuant to section 30.30 CPL, the speedy trial clock begins to tick against the People where, as here, the defendant appears in Court for arraignment on the return date of the appearance tickets (such appearance in the case at bar occurred on November 20, 2014.) People v. Parris, 79 N.Y.2d 69 (1992). Ninety-eight days passed before the defect in the information was cured. This requirement (of proper jurisdiction), is of constitutional dimension, and is not waivable ( see, People v. Scott, 3 N.Y.2d 148 (1957), even by defense counsel consenting to adjournments. 1 The objection that the information does not state a crime is also not waivable. Scott, op. cit.