Defendant's motion to dismiss the indictment for prearrest delay on the ground that the police were not diligent in attempting to locate him was properly denied without a hearing (CPL 210.45 [5] [b]). Based on the evidence adduced at trial, defendant was singularly ineligible to demand dismissal in the interest of justice pursuant to the considerations set out in CPL 210.40 (1), unless his claim that the police should have arrested him sooner constituted "exceptionally serious...
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