PEOPLE v. STANLEY


275 A.D.2d 423 (2000)

712 N.Y.S.2d 623

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HILBERT STANLEY, Respondent.

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

Decided August 21, 2000.


Ordered that the order is affirmed insofar as appealed from.

The People failed to demonstrate that the 168-day period during which the victim remained in China was excludable since they did not satisfy the due diligence requirement of the statute (see, CPL 30.30 [3] [b]; [4] [g]; People v Zirpola, 57 N.Y.2d 706; cf., People v Belgrave, 226 A.D.2d 550). There is no evidence...

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