People v. Rossi

In People v Rossi, 154 Misc. 2d 616 (1992) the defendant's attorney made a request for the supporting deposition. The police department mailed the supporting deposition to the residence of the defendant himself, and not the defendant's attorney. The court ruled that "once a defendant seeks counsel, especially where he appears by counsel, all further contact with the defendant either by the court, the police, or the prosecuting attorney, should be through the defendant's attorney." (At 620.) In People v. Rossi, 154 Misc.2d 616 (Just. Ct., Muttontown 1992)(Kaminsky, J.), "the supporting deposition was delivered to the defendant within the 30-day period required by Section 100.25(2), but not to his attorney until after the 30-day period had elapsed. The question presented [was] whether that service upon the defendant was sufficient to satisfy the statute, or whether, since defendant was represented by an attorney, service had to be made upon the attorney." The court concluded that "where counsel has appeared for the defendant, the supporting deposition must be served upon that attorney within the time prescribed by the statute, and that timely service upon the defendant himself is insufficient to satisfy the statute." (154 Misc.2d at 617.) However, the Rossi court added a potentially significant caveat to this ruling. The ruling is limited to those situations in which "an attorney has entered a formal appearance with the Clerk before or at the time of the request for supporting deposition. Absent such a formal appearance, the supporting deposition should be served upon the defendant himself." (154 Misc.2d at 623.)