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PEOPLE v. SEDA

93 N.Y.2d 307 (1999)

712 N.E.2d 682

690 N.Y.S.2d 517

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERIBERTO SEDA, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1999.

Attorney(s) appearing for the Case

David A. Bart, Kew Gardens, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Roseann B. MacKechnie of counsel), for respondent.

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

OPINION OF THE COURT

CIPARICK, J.

In this prosecution for multiple attempted murders, we must decide whether the tolling provision of CPL 30.10 (4) (a) (ii), which excludes from the Statute of Limitations period any time during which the whereabouts of a defendant are continuously unknown and unascertainable by the exercise of reasonable diligence, applies to the time during which the identity of the defendant—known initially only as "The Zodiac"...

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