Benjamin Goldman Law Office Gets Schenectady City Court To Throw Out Five-Point VTL §1225-d Ticket

The Benjamin Goldman Law Office successfully got a 5-point ticket to end in dismissal in the Schenectady City Court after the court found the simplified information facially insufficient. Within days of the January 31, 2026, traffic stop, a supporting deposition was electronically filed with the court — but our attorney Codruta Antonovici, Esq., still timely demanded service under CPL §100.25(2) when she e-mailed a not-guilty plea on February 9, 2026. The court acknowledged the request (“please allow 2–4 weeks for processing”), yet the file never showed an order requiring the complainant officer to serve the deposition on counsel and file proof of service. On that procedural gap, Hon. Oscar A. Quintero’s June 29, 2026 Decision/Letter Order granted the April 24, 2026 motion. Result: ticket dismissed — no points, no fine.

Filing a Supporting Deposition in TraCS Is Not the Same as Serving the Defendant

Under CPL §100.25(2), a defendant charged by simplified information who makes a timely request is entitled to have a supporting deposition of the complainant officer filed with the court and served on the defendant or counsel within thirty days, with proof of service filed. Failure to comply renders the simplified information insufficient on its face under CPL §100.40(2) and subjects it to dismissal under CPL §170.35(1)(a). Hon. Oscar A. Quintero’s Decision/Letter Order turned on that distinction: a TraCS deposition sitting in the court file is not the ordered service and proof of service the statute requires. Citing People v. Garcha and People v. Wagschal, the court held the ticket facially insufficient and dismissed the alleged cell phone violation. The April 24, 2026 motion also raised CPL §30.30(1)(d) readiness and, in the alternative, an order compelling discovery under CPL §245 — but the written decision rests on the supporting-deposition / facial-insufficiency grounds.

Key Facts (At a Glance)

• Court: Schenectady City Court, Schenectady County
• Judge: Hon. Oscar A. Quintero
• Charge: VTL §1225-d — operating a moving motor vehicle while using a portable electronic device (5 points)
• Date Ticket Received: January 31, 2026
• Not guilty + SD request: February 9, 2026 (e-mail)
• Motion filed: April 24, 2026
• Prosecution: Schenectady County District Attorney’s Office
• Handling attorney: Codruta Antonovici, Esq.
• Result: Dismissed June 29, 2026 — no points, no fine; read the Decision/Letter Order

Lesson of the Day

A supporting deposition filed only with the court is not enough. After a timely CPL §100.25 request, the officer must serve the deposition on the defendant or counsel and file proof of service. When that statutory step is missing, the simplified information is facially insufficient and dismissible — even on a five-point portable-device ticket.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office defends portable-electronic-device and cell-phone tickets across the city courts of New York State. We preserve CPL §100.25 supporting deposition rights early, preserve facial insufficiency and readiness arguments, just in case plea negotiations break down, as happened in this instance. Our client rejected the plea offer that would have involved taking some points and wanted to continue fighting. We obliged our client, and now our firm has a happy client.

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