PEOPLE v. LABOY


43 A.D.3d 453 (2007)

843 N.Y.S.2d 83

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROQUE LABOY, Appellant.

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

Decided August 14, 2007.


Ordered that the judgment is affirmed.

The County Court properly denied the defendant's motion to dismiss the indictment pursuant to CPL 30.30. The record demonstrates that the People exercised due diligence in attempting to locate the defendant during his absence (see CPL 30.30 [4] [c] [i]; People v Fitzgerald, 204 A.D.2d 565 [1994]). Once the People learned that the defendant was incarcerated in Connecticut on an...

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