Benjamin Goldman Law Office Obtains Dismissal of 87 MPH Speeding Ticket in Utica City Court

One of our clients was charged with a speeding ticket of allegedly going "87 mph in a 65 mph zone" in violation of VTL §1180(d). Plea bargain negotiations failed to produce an acceptable disposition, so attorneys from the Benjamin Goldman Law Office filed a motion seeking dismissal on several grounds, including-that the after a timely request under People failed to serve a supporting deposition CPL §100.25. The prosecution opposed the motion; Judge Joseph A. Saba granted dismissal in a memorandum decision dated March 23, 2026.

Judge in Utica City Court Rules That Second Supporting Deposition Needs to Be Served Even if One Was Provided at the Traffic Stop

The District Attorney’s office argued that service of a supporting deposition was unnecessary because the defendant had received a copy of the supporting deposition at the traffic stop. The court disagreed: it read CPL §100.25 as entitling a defendant who makes a timely request to have a supporting deposition filed with the court and served upon him, regardless of what was handed out roadside with the ticket. Other judges in other courts have disagreed and there is no consensus in New York law on this issue.

Key Facts (At a Glance)

• Court: Utica City Court, Oneida County, New York
• Judge: Hon. Joseph A. Saba
• Charge: VTL §1180(d); Speeding 87 miles per hour in a 65 miles per zone (six points),
• Prosecution: Oneida County District Attorney’s Office
• Defense motion (filed Dec. 28, 2025): Dismissal for failure to serve a supporting deposition; failure to provide affidavit of service; speedy trial; discovery
• Key ruling: A timely CPL §100.25 request requires filing and service of a supporting deposition withing 30 days of the request; handing a copy at the stop does not satisfy that obligation under this court’s reading of the statute
• Decision date: March 23, 2026 — motion granted; case dismissed

Lesson of the Day

Supporting-deposition practice under CPL §100.25 is fact-specific and deadline-driven. If you want a supporting deposition, the request must be timely (generally within thirty days of the appearance date on the ticket, per CPL §100.25(2)), and the People ordinarily must file and serve the document. Prosecutors and courts may disagree on whether duplicate copies at the roadside matter; the Utica City Court here sided with strict compliance after a formal request. Related discussion: Malone Town Court dismissal for unsigned supporting deposition.

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