People v. Garrett

OPINION OF THE COURT

Caesar Cirigliano, J.

The defendant’s motion for an order dismissing this criminal action on statutory speedy trial grounds raises a question of apparent first impression: Is the due diligence requirement of CPL 30.30 (4) (c) satisfied where the warrant officer made initial routine inquiries over a two-month period in an effort to locate the defendant but took no action whatsoever over the ensuing 11 months to follow up on this investigation?

The People contend that the period during which the warrant was outstanding should be excluded in its entirety pursuant to CPL 30.30…