In People v. Dozier, 78 N.Y.2d 242 (1991), the Court of Appeals held that a defendant's unjustified period of incarceration following a conviction which was subsequently vacated upon newly discovered evidence and the indictment later dismissed would not be included in extending the ten-year limitation period. The Court found that the defendant's imprisonment was without reason because a prosecution would not have commenced had the newly discovered evidence been found earlier.