PEOPLE v. JONES


299 A.D.2d 283 (2002)

751 N.Y.S.2d 173

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC JONES, Appellant.

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

Decided November 26, 2002.


Defendant's motion to dismiss three of the counts against him as barred by the statute of limitations (CPL 30.10 [2] [b]) was properly denied. The statute was tolled pursuant to CPL 30.10 (4) (a) (ii), because the record sufficiently establishes that defendant's identity and whereabouts were unknown and unascertainable by the exercise of reasonable diligence (see People v Seda, 93 N.Y.2d 307). The People made a suitable showing of...

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