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PEOPLE v. RAMOS

No. 215 SSM 44

13 N.Y.3d 881 (2009)

2009 NY Slip Op 9270

921 N.E.2d 598

893 N.Y.S.2d 831

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON RAMOS, Appellant.

Court of Appeals of New York.

Decided December 15, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (William B. Carney and Steven Banks of counsel), for appellant.

Ramon Ramos, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens (Rebecca Height of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The prosecution was not barred by the five-year statute of limitations pursuant to CPL 30.10 (2) (b). Although the indictment was nearly 10 years after the incident, defendant's whereabouts were "continuously unknown and continuously unascertainable," despite the reasonable diligence of the detectives assigned to the...

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