People v. Guerrerio

In People v. Guerrerio (181 Misc 2d 517) the prosecutor contended that in the absence of a valid arraignment (plea not entered until five weeks after the ticket was issued), the court lacked jurisdiction over the defendant and was without the authority to set the course of further proceedings, making the defendant's request for a supporting deposition a nullity as in People v. Perry. In finding otherwise, the court emphasized the wording of the notice to the defendant printed on the back of the appearance ticket. The court found that the notice to the defendant advises him of his right to a supporting deposition if the request is made within 30 days from the issuance of the ticket ("the date you are directed to appear in court"), making no reference to the necessity that the defendant must first be validly arraigned (at 519).