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PEOPLE v. BOLDEN

81 N.Y.2d 146 (1993)

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

Court of Appeals of the State of New York.

Decided February 25, 1993.

Attorney(s) appearing for the Case

Martin Geoffrey Goldberg, Franklin Square, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Richard T. Faughnan, Jay M. Cohen and Leonard Joblove of counsel), for respondent.

Andrew C. Fine, New York City, for Criminal Appeals Bureau of the Legal Aid Society of New York, amicus curiae.

Acting Chief Judge SIMONS and Judges KAYE and HANCOCK, JR., concur with Judge TITONE; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.

TITONE, J.

CPL 30.30 (4) (c) excludes certain periods during which the defendant is "absent" or "unavailable" from the time in which the People must otherwise become ready for trial. In 1984, the Legislature amended that paragraph to expand the scope of its exclusion (L 1984, ch 670). The issue in this appeal is whether the previously existing requirement that the People must exercise "due diligence" in locating...

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