PEOPLE v. CADILLA


245 A.D.2d 9 (1997)

666 N.Y.S.2d 111

The People of the State of New York, Respondent, v. Nelson Cadilla, Also Known as Nestor Cadilla, Also Known as Irving Henry, Appellant

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

December 2, 1997


Defendant's speedy trial motion was properly denied. Since the People did not have actual knowledge that defendant was confined on a violation of parole under another name and the record points to a pattern of behavior on his part to avoid apprehension or prosecution, the period of delay between the issuance of the bench warrant and the production of defendant was not chargeable to the People, regardless of whether diligent efforts were made to locate him (CPL 30.30 [former...

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