Under CPL 100, which document must be served on the person requesting or his attorney within 30 days of the court receiving the request, or 5 days before trial, whichever is earlier?

Under CPL 100, which document must be served on the person requesting or his attorney within 30 days of the court receiving the request, or 5 days before trial, whichever is earlier?

• A. Subpoena
• B. Supporting deposition
• C. Complaint
• D. Indictment

Answer: (B)

In this area of New York criminal procedure, when a defendant or their attorney requests discovery under CPL 100, the document that must be served is the supporting deposition. The supporting deposition is the sworn statement that lays out the facts and circumstances constituting the offense and provides the factual basis for the charges in the complaint. It isn’t the charging instrument itself or a subpoena; it’s the detailed, sworn narration that accompanies the complaint. The rule requires this deposition to be served on the person requesting or their attorney within 30 days of the court receiving the discovery request, or 5 days before trial, whichever comes first. This timing ensures the defense has timely access to the factual underpinnings of the case to prepare their defense, while still allowing the court to keep the proceeding moving toward trial. Subpoenas are orders to produce evidence or appear and testify, not the document that explains the charges. A complaint is the initial charging document, and an indictment is a grand jury verdict charging the person with crimes; neither is the document produced in response to a discovery request in the same way as the supporting deposition.

In this area of New York criminal procedure, when a defendant or their attorney requests discovery under CPL 100, the document that must be served is the supporting deposition. The supporting deposition is the sworn statement that lays out the facts and circumstances constituting the offense and provides the factual basis for the charges in the complaint. It isn’t the charging instrument itself or a subpoena; it’s the detailed, sworn narration that accompanies the complaint.

The rule requires this deposition to be served on the person requesting or their attorney within 30 days of the court receiving the discovery request, or 5 days before trial, whichever comes first. This timing ensures the defense has timely access to the factual underpinnings of the case to prepare their defense, while still allowing the court to keep the proceeding moving toward trial.

Subpoenas are orders to produce evidence or appear and testify, not the document that explains the charges. A complaint is the initial charging document, and an indictment is a grand jury verdict charging the person with crimes; neither is the document produced in response to a discovery request in the same way as the supporting deposition.