Case held, decision reserved and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant's motion to dismiss the indictment pursuant to CPL 30.30 without conducting a hearing. There are factual issues raised in the motion papers whether the People exercised due diligence and made reasonable efforts to secure defendant's presence in the jurisdiction for trial. Thus, a hearing must...
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