The following excerpt is from People v. Phillipe, 142 Misc.2d 574, 538 N.Y.S.2d 400 (N.Y. City Ct. 1989):
4 Of course, even an average adult, whose competency does not appear questionable, might subscribe to a supporting deposition without having read or understood its contents, or without having comprehended its form warning. Ordinarily, that circumstance is only discovered during cross-examination at trial. See People v. Whetson, 135 Misc.2d 1, 513 N.Y.S.2d 910 (guilty verdict set aside based on complainant's admission on cross-examination that he had never seen the complaint).
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