In People v. Kohut (30 NY2d 183 [1972]) the Court held that "limitation-tolling facts"--those that might save an otherwise untimely prosecution--need not be alleged in an indictment: "Essential allegations are generally determined by the statute defining the crime. If the defining statute contains an exception, the indictment must allege that the crime is not within the exception. But when the exception is found outside the statute, the exception generally is a matter for the defendant to raise in defense, either under the general issue or by affirmative defense." (30 NY2d at 187, 331 NYS2d at 420.)