@averagejoe1 said
But I was asking for you to please justify, in your learned words, not that of a judge, how can action can go forward on a matter where the Statute of Limitations has expired?
I didn't read judge's opinion, I can only picture a judge like the one who just threw the book at Trump out of hate. This judge may hate. Lets say everyone in NY hates him. How can the case go forward? The Statute of Limitations has run.
The Statute of Limitations period was "tolled" for the commencement of any felony actions from March 20, 2020 to May 6, 2021 pursuant to the NY Governor's executive orders during the COVID emergency pursuant to NY law. Thus, "the deadline for the prosecution of the alleged conduct was extended by one year and 47 days. In other words, this felony prosecution had to be commenced within 6 years and 47 days from when the crimes were allegedly committed. The earliest conduct described in the Indictment allegedly occurred on February 14, 2017. The tolled period or extension for commencing the action thus brought the conduct described in the Indictment within the prescribed five-year time limit." https://casetext.com/case/people-v-trump-20 p. 24,
The judge finding that reasoning sufficient did not reach the argument that Criminal Procedure Law § 30.10(4)(a)(1) applies and Trump has been "continuously outside this state" and the period of his absence should not be included in calculating the Statute of Limitations. That was the argument I made in the thread last year and I still think it is a valid, independent ground for rejecting the SOL defense in this case.
So, no matter how many times you falsely claim it, the Statute of Limitations has not expired though Trump would be free to argue differently on appeal if and when he is convicted of these charges.