Opinion
October 20, 1997
Appeal from Supreme Court, Kings County (Mastro, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the Supreme 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 the brief period which elapsed between the issuance of a bench warrant and the defendant's return thereon (see, CPL 30.30 [former (c)]; People v. Duncan, 230 A.D.2d 750; People v. Marrin, 187 A.D.2d 284, 286; see also, People v. Torres, 218 A.D.2d 767, 760, revd on other grounds 88 N.Y.2d 928; cf., People v. Bolden, 81 N.Y.2d 146; People v. Davis, 205 A.D.2d 697, 699-700).
The defendant's remaining contentions lack merit.
O'Brien, J.P., Thompson, Santucci and Joy, JJ., concur.