People v. Grey
| Decision Date | 24 November 1999 |
| Citation | 699 N.Y.S.2d 147,259 A.D.2d 246 |
| Court | New York Supreme Court — Appellate Division |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant,<BR>v.<BR>WILLIAM GREY, Appellant-Respondent. |
259 A.D.2d 246
699 N.Y.S.2d 147
THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant,
v.
WILLIAM GREY, Appellant-Respondent.
GRAFFEO, J.
November 24, 1999.
[259 A.D.2d 247]
Marcel J. Lajoy, Schenectady, for appellant-respondent.
Robert M. Carney, District Attorney of Schenectady County, Schenectady (Alfred D. Chapleau of counsel), for respondent-appellant.
MERCURE, J. P., PETERS, SPAIN and CARPINELLO, JJ., concur.
[259 A.D.2d 248]
OPINION OF THE COURTGRAFFEO, J.
This case arises out of a July 1993 burglary at the Schenectady Job Training Agency (hereinafter Agency). An investigation revealed that fingerprints found at the crime scene matched those of defendant but he was not arrested until June 1995 because he could not be located. At the conclusion of a jury trial, defendant was convicted of burglary in the third degree, grand larceny in the fourth degree and criminal mischief in the fourth degree. Defendant appealed, arguing several grounds for reversal, including ineffective assistance of counsel based upon defense counsel's failure to move to dismiss the indictment on speedy trial grounds. Upon finding that defendant received ineffective assistance of counsel, this Court remitted the matter to County Court to conduct a hearing to determine whether defendant's right to a speedy trial was violated (257 AD2d 685). County Court conducted a factual inquiry and granted defendant's motion to dismiss the indictment pursuant to CPL 30.30.
The People appeal, contending that the delay between the commencement of the criminal action and the People's announcement of readiness for trial was occasioned by defendant's absence and that due diligence was exercised in attempting to ascertain his whereabouts (see, CPL 30.30 [4] [c] [i]). The determination of whether the People have exercised due diligence in locating a person is a mixed question of law and fact (see, People v Luperon, 85 NY2d 71, 78), and although minimal efforts are not sufficient to satisfy due diligence, "the police are not obliged to search for a defendant indefinitely as long as they exhaust all reasonable investigative leads as to his [or her] whereabouts" (People v Delaronde, 201 AD2d 846, 848).
Here, after matching the fingerprints found at the scene to those of defendant, the Schenectady Police Department (hereinafter the Department) investigation revealed that defendant had departed from his last known address in the Village of Port Henry, Essex County. After eliciting the assistance of the...
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