Legal Opinion
People v. Sigismundi
New York Court of Appeals
Decided March 27, 1997PublishedCited by 25 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
Does the former version of CPL 30.30 (4) (c) * require the People to exercise due diligence to locate an absent defendant when that defendant is incarcerated in a correctional facility within the State under an assumed name? We conclude that such diligence is not required when the facts and circumstances, including the accused’s use of one or more aliases, indicate an intention to avoid prosecution.
Defendant was arrested on September 4, 1993 and arraigned on September 5, 1993 under the name Richard Sigismundi. The NYSID report that was generated as a result of…
2Cases cited12 opinions
- People v. LuperonNew York Court of Appeals · 1995
- People v. BoldenNew York Court of Appeals · 1993
- People v. McLaurinNew York Court of Appeals · 1975
- People v. SpruillNew York Court of Appeals · 1979
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. Vai Hapouli LeiHawaii Supreme Court · 2001
- People v. FlaggAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2003
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2009
20 more not listed; retrieve them via the Exa API.