When a defendant is outside of NYS or his whereabouts or unknown, the statute of limitations tolls (stops running)?

• A. For a period not to exceed 3 years
• B. Not at all
• C. For a period not to exceed 7 years
• D. For a period not to exceed 5 years

Answer: (D)

The main idea is tolling the statute of limitations when the defendant is unavailable. In New York, for most offenses the running of the limitations clock is paused if the defendant is outside the state or whose whereabouts are unknown, but that pause can last for up to five years. So prosecutors can have up to five additional years added to the normal period while the defendant is unreachable. Once the defendant is located or the tolling cap is reached, the clock resumes. This particular rule addresses cases where the defendant’s absence would otherwise make timely prosecution impossible, while keeping a finite upper limit.