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PEOPLE v. MANLEY

63 A.D.2d 988 (1978)

The People of the State of New York, Appellant, v. Joseph Manley, Also Known as John Henderson, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1978

Order reversed, on the law and the facts, motion denied, and indictment reinstated.

The actions of the police and the District Attorney's office in attempting to locate the defendant, including interviews with neighbors at his last known address and the letter carrier, were sufficient to meet the statutory standard of "due diligence" (CPL 30.30, subd 4, par [c]). Moreover, there was evidence that the defendant was attempting...

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