PEOPLE v. MAYHEW


263 A.D.2d 546 (1999)

694 N.Y.S.2d 410

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE MAYHEW, Appellant.

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

Decided July 26, 1999.


Ordered that the judgment is affirmed.

In computing the time within which the People must be ready for trial, CPL 30.30 (4) (c) (i) permits the exclusion of periods of delay attributable to the absence of a defendant because his whereabouts either are unknown and he is attempting to avoid apprehension or prosecution, or "cannot be determined by due diligence". Whether the People have exercised due diligence in attempting...

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