People v. Seda

OPINION OF THE COURT

Ciparick, J.

In this prosecution for multiple attempted murders, we must decide whether the tolling provision of CPL 30.10 (4) (a) (ii), which excludes from the Statute of Limitations period any time during which the whereabouts of a defendant are continuously unknown and unascertainable by the exercise of reasonable diligence, applies to the time during which the identity of the defendant — known initially only as “The Zodiac” — remained unknown, notwithstanding intense police efforts to identify and find him. We hold that it does.

I

In this 15-count indictment, defendant…