Ordered that the order is reversed, on the law, and the indictment is reinstated.
Contrary to the defendant's contentions, the toll of the Statute of Limitations set forth in CPL 30.10 (4) is applicable under the circumstances presented. CPL 30.10 (2) (b) provides that the prosecution for a non-class-A felony must be commenced within five years after the commission of the offense. However, in calculating the time limitation applicable to the commencement of a criminal...
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