People v. Moore

—Order, Supreme Court, Bronx County (John Byrne, J.), entered on or about January 4, 1996, which dismissed the indictment against defendant pursuant to CPL 30.30, unanimously reversed, on the law, the motion denied, the indictment reinstated and the matter remanded to Supreme Court for further proceedings.

Defendant’s CPL 30.30 motion was decided prior to the Court of Appeals’ decision in People v Sigismundi (89 NY2d 587). In Sigismundi, the Court held that, in order to satisfy the former version of CPL 30.30 (4) (c), the People do not have to exercise due diligence to locate an absent…