Not Brought to Trial Within 6 Months of Arrest Warrant in New York
In People v. Brossoit, 256 AD2d 919, 682 N.Y.S.2d 273 , the defendant argued that his speedy trial rights under C.P.L. 30.30 were violated because he was not brought to trial on the charge of grand larceny, fourth degree within six months of the issuance of the arrest warrant.
However, the people put forth evidence of the unsuccessful efforts of the police to locate and apprehend the defendant. The prosecution also presented evidence of the defendant's efforts to hide from the police and the actions of a third party who aided the defendant in his efforts.
Upon receiving a crime stopper's tip, a new arrest warrant was issued and the defendant was taken into custody.
However based on a showing of the efforts of the People, i.e. the due diligence put forward by the people through the police, the court excluded a period of approximately fourteen months that would have been chargeable to the People. (Id.)