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PEOPLE v. JAMES

243 A.D.2d 653 (1997)

663 N.Y.S.2d 1003

The People of the State of New York, Respondent, v. Fred James, Appellant

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

October 20, 1997

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the Supreme Court properly denied the defendant's motion to dismiss the indictment pursuant to CPL 30.30. The record demonstrates that the People exercised due diligence in attempting to locate the defendant during the brief period which elapsed between the issuance of a bench warrant and the defendant's return thereon (see, CPL 30.30 [4] [former (c)]; People v Duncan,

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