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PEOPLE v. GIARDALA

7460. 5435/03.

165 A.D.3d 569 (2018)

86 N.Y.S.3d 56

2018 NY Slip Op 07179

The People of the State of New York, Respondent, v. Joseph Giardala, Appellant.

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

Decided October 25, 2018.

The court properly denied defendant's motion to dismiss the indictment as time-barred. The applicable five-year statute of limitations was tolled (see CPL 30.10 [4] [a] [ii]) because defendant's identity and whereabouts were unknown and unascertainable by the exercise of reasonable diligence (see People v Quinto, 18 N.Y.3d 409, 419 [2012]; People v Seda,

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