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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48543

Justice Sullivan

A WARRANT TO arrest defendant for a March 1995 home invasion, gunpoint robbery and sexual assault was issued on Dec. 3, 1996. Defendant sought dismissal of a 2003 indictment charging him with burglary, robbery and related crimes. He argued that the prosecution was not ready for trial within six months and had failed to exercise due diligence in locating him after the warrant’s issuance. The court denied dismissal, concluding that the prosecution’s failure to indict defendant in absentia did not violate his speedy trial rights. Noting the investigating detective’s efforts to locate defendant in New York and Florida, the court found that because he used aliases and repeatedly moved locations, defendant sought to avoid apprehension, relieving the prosecution of its obligation to use due diligence to locate defendant and execute the arrest warrant. The court also noted the district attorney’s policy not to indict absent defendants.

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