Legal Question in Criminal Law in New York

A person commits a felony crime in New York state and there is a statute of five years. If they leave the state but there whereabouts are known, does the statute continue to run?


Asked on 11/01/10, 8:46 pm

2 Answers from Attorneys

The time only stops if the person is charged. Otherwise the clock ticks and after 5 years they cannot be charged.

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Answered on 11/07/10, 4:49 am
peter bark bark & karpf

The above information is incorrect. The statute of limitations is tolled where the person is out of state. Criminal Procedure Law Sec. 30.10, 4(a).

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Answered on 11/07/10, 7:36 am


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