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People v. Mayhew

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 546 (N.Y. App. Div. 1999)

Opinion

Argued June 3, 1999

July 26, 1999

Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered May 11, 1998, convicting him of burglary in the first degree, robbery in the first degree, criminal possession of a weapon in the third degree, petit larceny, and unlawful imprisonment in the first degree, upon a nonjury verdict, and imposing sentence.

Stephen J. Pittari, White Plains, N.Y. (Robert W. Stieve of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Darcy P. Rydlun and Richard Longworth Hecht of counsel), for respondent.

SONDRA MILLER, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

In computing the time within which the People must be ready for trial, CPL 30.30(4)(c)(i) permits the exclusion of periods of delay attributable to the absence of a defendant because his whereabouts either are unknown and he is attempting to avoid apprehension or prosecution, or "cannot be determined by due diligence". Whether the People have exercised due diligence in attempting to locate an individual is a mixed question of law and fact ( see, People v. Luperon, 85 N.Y.2d 71, 78). The police are not obliged to search for a defendant indefinitely, as long as they exhaust all reasonable investigative leads as to his whereabouts ( see, People v. Duncan, 230 A.D.2d 750; People v. Delaronde, 201 A.D.2d 846). On this record, we find no basis to disturb the court's finding that the efforts of the police here were sufficient to show due diligence ( see, CPL 30.30[c]; People v. Torres, 88 N.Y.2d 928).

The defendant's remaining contention is without merit.


Summaries of

People v. Mayhew

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 546 (N.Y. App. Div. 1999)
Case details for

People v. Mayhew

Case Details

Full title:THE PEOPLE, etc., respondent, v. ANDRE MAYHEW, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 26, 1999

Citations

263 A.D.2d 546 (N.Y. App. Div. 1999)
694 N.Y.S.2d 410

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