Judge Elisa S. Koenderman
Charged with criminal contempt, attempted assault and harassment, defendant moved to dismiss the criminal contempt charge on the ground that he had been denied his right to a speedy trial under CPL §30.30(1)(b). Defendant argued that because the affidavit of service of the order of protection annexed to the information was in Spanish, and “the language of the court is English,” the criminal contempt charge cannot be facially sufficient until prosecutors “adequately show” what the affidavit states. The court noted that the fact that the affidavit of service was in Spanish does not preclude a finding that it constitutes a valid supporting deposition, but found that the affidavit does not comply with the form and content required of a supporting deposition since the affidavit’s certified translation shows it was not properly verified. The court held that because the affidavit cannot be offered to corroborate hearsay allegations in the information regarding service of the order of protection, the prosecution’s previous answers of “ready” were illusory and render them chargeable with 46 days as to that count.
