Fourth Department — Statute of Limitations: People v. Sigl

Daily Record Staff//August 1, 2013//

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Appellate Division, Fourth Department

Suppression of Statement

People v. Sigl
KA 09-01149
Appealed from Monroe County Court

Background: The defendant was convicted, upon a jury verdict, of burglary in the first degree and sodomy in the first degree. He contended, on appeal, that the court erred in failing to dismiss the charge as time-barred by the statute of limitations. The defendant also contended that his statements to the police should have been suppressed because the arrest was made in his home without a warrant.

Ruling: The charge was not time-barred because the statute of limitations does not run when a defendant’s whereabouts are continuously unknown and continuously unascertainable even with reasonable diligence. Also, allowing in the defendant’s statements was not error because he was not arrested in his home, but rather voluntarily agreed to go with police to the station.

Kimberly F. Duguay for the defendant; Erin Tubbs for the Monroe County District Attorney’s Office

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