People v. Misodi

OPINION OF THE COURT

Martin Marcus, J.

The prosecution of all but certain specified felonies “must be commenced within five years after the commission thereof.” (CPL 30.10 [2] [b].) However, in calculating this time limitation, “[a]ny period following the commission of the offense during which . . . (ii) the whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence” is excluded. (CPL 30.10 [4] [a].) In People v Seda (93 NY2d 307, 311 [1999]), the Court of Appeals held that the phrase “whereabouts of the defendant” includes…