People v. D'Antuono

—Case held, decision reserved and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant’s motion to dismiss the indictment pursuant to CPL 30.30 without conducting a hearing. There are factual issues raised in the motion papers whether the People exercised due diligence and made reasonable efforts to secure defendant’s presence in the jurisdiction for trial. Thus, a hearing must be held to determine whether the People are entitled to exclude certain periods of delay in computing the time in which…