Defendant moved to dismiss his indictment on the ground of unconstitutional prearrest delay. The hearing court found that the preindictment period began on July 30, 1982, when the State Insurance Fraud Bureau first received the insurance company's complaint about defendant. The court also determined that the eight-month period from indictment to arrest was not chargeable to the prosecution since defendant was "unavailable" pursuant to CPL 30.30 (4). After considering the...
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