In People v. Betka (45 Misc 3d 883 [Crim Ct, Queens County 2014) that court found that the People failed to exercise due diligence in procuring their witness for trial. The People's witness was taken into Immigration and Customs Enforcement custody seventeen days before trial. Subsequently, the witness was released at some point before trial. The People never made an attempt to contact the witness while he was in custody even though there were avenues for communication and temporary release for purposes of aiding state criminal prosecutions. Even after the witness was released, the People did not file a certificate of readiness.