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PEOPLE v. SIGISMUNDI

89 N.Y.2d 587 (1997)

679 N.E.2d 620

657 N.Y.S.2d 381

The People of the State of New York, Appellant, v. Richard Sigismundi, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1997.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart and Mark Dwyer of counsel), for appellant.

Garber & Rodi, New York City (Glenn A. Garber of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

TITONE, J.

Does the former version of CPL 30.30 (4) (c)* require the People to exercise due diligence to locate an absent defendant when that defendant is incarcerated in a correctional facility within the State under an assumed name? We conclude that such diligence is not required when the facts and circumstances, including the accused's use of one or more aliases, indicate an intention...

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