People v. Wing Keung Tsang

—Judgment, Supreme Court, New York County (Dorothy Cropper and Renee White, JJ., at speedy trial proceedings; William Wetzel, J., at plea and sentence), rendered November 18, 1999, as amended December 9, 1999, convicting defendant of criminally negligent homicide, and sentencing him to a term of 5 months, unanimously affirmed.

Defendant’s motion to dismiss the indictment based on preindictment delay was properly denied (see, People v Singer, 44 NY2d 241 , 252-255; People v Taranovich, 37 NY2d 442 ). The delay of more than 20 years in commencement of the prosecution was not designed to gain a tactical advantage (see, People v Rodriguez, 281 AD2d 375 ; People v Jones, 267 AD2d 250 , lv denied 94 NY2d 949 ). On the contrary, the delay resulted from an inability to locate defendant despite reasonably diligent efforts (see, People v Suero, 235 AD2d 357 , lv denied 89 NY2d 1101 ). Defendant hampered the efforts to locate him by failing to appear in court on a pending robbery charge, giving false information about his home and work addresses when arrested on the robbery charge, fleeing to another State and using aliases (see, People v Prosano, 279 AD2d 329 ; People v O’Gara, 239 AD2d 215 , lv denied 90 NY2d 861 ). A balancing of the reason for the delay with all other relevant factors leads to the