PEOPLE v. DUNCAN


230 A.D.2d 750 (1996)

646 N.Y.S.2d 362

The People of the State of New York, Appellant, v. Gerard Duncan, Respondent

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

August 5, 1996


Ordered that the order is reversed, on the law, the defendant's motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

Contrary to the defendant's contention, the People exercised due diligence in attempting to locate him after he failed to appear for a scheduled court date. Although minimal attempts to locate a defendant and secure his presence in court will not satisfy the due diligence...

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