The court properly denied defendant's motion to dismiss the indictment as time-barred. The parties' submissions were sufficient to decide the issue, and there was no factual dispute requiring an evidentiary hearing. The applicable five-year statute of limitations was tolled pursuant to CPL 30.10 (4) (a) (ii) because defendant's identity and whereabouts were unknown following the attack and were unascertainable by the exercise of reasonable diligence (see People v Seda...
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