When will a defendant's statute of limitations apply?
The following excerpt is from People v. Guerrero, 2016 N.Y. Slip Op. 07044, 28 N.Y.3d 110, 42 N.Y.S.3d 80, 65 N.E.3d 51 (N.Y. 2016):
3 Defendant makes the additional argument that his prosecution for rape in the first degree was untimely under the five-year statute of limitations that was in effect at the time. We have held, however, that [t]he statute of limitations under CPL 30.10 is not a jurisdictional matter, nor is it a right of constitutional dimension that survives a guilty plea (People v. Parilla, 8 N.Y.3d 654, 659, 838 N.Y.S.2d 824, 870 N.E.2d 142 [2007] ). As such, defendant's statute of limitations argument is not properly before us.
3 Defendant makes the additional argument that his prosecution for rape in the first degree was untimely under the five-year statute of limitations that was in effect at the time. We have held, however, that [t]he statute of limitations under CPL 30.10 is not a jurisdictional matter, nor is it a right of constitutional dimension that survives a guilty plea (People v. Parilla, 8 N.Y.3d 654, 659, 838 N.Y.S.2d 824, 870 N.E.2d 142 [2007] ). As such, defendant's statute of limitations argument is not properly before us.
4 Defendant never denied that he was the perpetrator, merely asserting the evidentiary hearsay issue.
4 Defendant never denied that he was the perpetrator, merely asserting the evidentiary hearsay issue.
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