Trump was in and out of the Jurisdiction many times between 2017 and 2020, while he was President.
In which case, there was probably a substantial amount of time tolled from the statute of limitations. As the Ulster County Court has previously held, the "continuously absent" language is merely meant to ensure that certain vacations and other brief excursions from NY State would not toll the statute, but otherwise, if the defendant has resided outside of NY, even for a period of as little as three months (such as when incarcerated in another state), then the statute of limitations will be tolled. People v. Ferrari, 155 Misc. 2d 749 (N.Y. Cnty. Ct. 1992).
The NY Court of Appeals has even gone so far as to hold that even a day of absence from the state will toll the statute. The Court of Appeals addressed that issue in People v. Knobel , 94 N.Y.2d 226, 701 N.Y.S.2d 695, 723 N.E.2d 550 (1999). The Court agreed with the People that "all periods of a day or more that a non-resident defendant is out-of-State should be totaled and toll the Statute of Limitations." People v. Knobel , 94 N.Y.2d at 230, 701 N.Y.S.2d 695, 723 N.E.2d 550.
Thus, under Court of Appeals precedent, every day that Trump was physically outside of NY probably tolled the statute of limitations, which means that the five-year period almost certainly hasn't expired yet.
