"(a) Any period following the commission of the offense during which (i) the defendant was continuously outside this state or (ii) the whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence. However, in no event shall the period of limitation be extended by more than five years beyond the period otherwise applicable under subdivision two." (My emphasis.)
Thus, it appears that the question is whether Trump was "continuously outside of New York" while he was President and thereafter. Since he traveled constantly while President and often appeared in New York, it might be hard to make the "continuously outside" case. Also, if his travels in the last two years included occasional stop offs in NY it could still be hard to make that case. Opposing that is that he pretty well ceased to be a NY resident after being elected President.
Will a NYH lawyer who's familiar with how NY courts that have interpreted that provision please step up and enlighten us.
see my post 57
The trick is the word “continuously”. He was never out of New York continuously..that was his residence...he was simply living in OUR HOUSE on and off.