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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46873 Justice Mangano ON JUNE 19, 1989, defendant was sentenced to incarceration and probation after pleading guilty to an Aug. 4, 1987 indictment. Shortly thereafter, he was re-arrested and charged under an Aug. 4, 1989 indictment. An arrest warrant was issued after he failed to appear at arraignment. At a March 8, 1994 arrest, defendant provided an alias and false birth date. A bench warrant was issued after defendant failed to appear for arraignment on an April 12, 1994 indictment. Returned to the court on Aug. 20, 2003, defendant moved, on Oct. 3, 2003 for dismissal, claiming that prosecution failed to diligently attempt to locate him or determine that an outstanding warrant existed prior to his 1994 arrest. The court denied dismissal. Citing People v. Sigsimundi, it ruled that defendant’s deliberate attempt to avoid apprehension by providing an alias and false pedigree information negated the “due diligence” requirement for locating an absconder.

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