PEOPLE v. BOLDEN


174 A.D.2d 111 (1992)

The People of the State of New York, Respondent, v. Samuel Bolden, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1992


Attorney(s) appearing for the Case

Martin Geoffrey Goldberg for appellant.

Charles J. Hynes, District Attorney (Jay M. Cohen, Richard T. Faughnan and Lindsay Brown of counsel), for respondent.

SULLIVAN, EIBER and COPERTINO, JJ., concur.


THOMPSON, J. P.

The People are not obligated to prove that they have exercised "due diligence" in attempting to locate a defendant for whom a bench warrant has been issued (see, People v Garrett, 171 A.D.2d 153; CPL 30.30 [4] [c]). Today, we hold that the People need only demonstrate that a bench warrant has been issued in order to exclude delays attributable...

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