Speeding Ticket Dismissed in Malone Town Court (Franklin County, NY)

The Benjamin Goldman Law Office obtained a dismissal of a VTL § 1180(d) “speed in zone” charge in the Town of Malone, Franklin County, New York. The alleged offense occurred on July 7, 2024 and was issued on a simplified traffic information.

What Happened in Court

Defense counsel entered a notice of appearance and promptly requested a supporting deposition. The Court ordered the People to file and serve the deposition on July 19, 2024. A document purporting to be a supporting deposition, and a separate document purporting to be an affidavit of service, were timely filed with the Court. However:

• The supporting deposition was neither signed nor sworn/affirmed.
• The affidavit of service was signed but not sworn/affirmed.

Under CPL § 100.20, a supporting deposition must be a written instrument that is subscribed (signed) and verified. Without a proper subscription and verification, the supporting deposition is a legal nullity. Likewise, an “affidavit” must be sworn or affirmed to be valid.

Defense Motion & Ruling

On September 27, 2024, the defense moved to dismiss for facial insufficiency and on other grounds, and alternatively sought to compel discovery. Hon. Mobute Main, Jr. of the Malone Town Court ruled that because the supporting deposition was not signed or verified—and the affidavit of service was not sworn or affirmed— the documents were ineffective. The Court therefore granted the motion to dismiss the accusatory instrument.

The Decision & Order was issued on August 18, 2025, dismissing all proceedings and directing entry and distribution of a sealing order.

Key Facts (At a Glance)

• Court: Town Court of Malone, Franklin County, NY
• Charge: VTL § 1180(d) – Speed in Zone
• Alleged Offense Date: July 7, 2024
• CPL § 100.20 Issue: Supporting deposition was not signed or verified
• Affidavit Issue: Affidavit of service was not sworn/affirmed
• Result: Case dismissed; sealing ordered (Decision dated August 18, 2025)
• Judge: Hon. Mobute Main, Jr., Malone Town Justice

Why Details Like Signatures & Oaths Matter

New York’s criminal procedure rules require precision. A supporting deposition must be both subscribed (signed) and verified (sworn/affirmed). These requirements ensure that the factual allegations supporting a charge are properly attested. When those formalities are missing, the accusatory instrument can be facially insufficient, and dismissal may be warranted.

Charged with Speeding in Franklin County or Nearby?

If you received a speeding ticket under VTL § 1180(d) in Franklin County or anywhere in New York State, the Benjamin Goldman Law Office can review your case, analyze procedural compliance, and pursue the strongest available defense. Consultations are free.

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