The following excerpt is from People v. Lorenzo, 2018 NY Slip Op 32436 (U) (N.Y. Crim. Ct. 2018):
"The unavailability of a prosecution witness may be a sufficient justification for the delay...provided that the People attempted with due diligence to make the witness available" (People v. Zirpola, 57 NY2d 706, [1982]).
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