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PEOPLE v. LUPERON

85 N.Y.2d 71 (1995)

647 N.E.2d 1243

623 N.Y.S.2d 735

The People of the State of New York, Respondent, v. Fernando Luperon, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1995.

Attorney(s) appearing for the Case

Laura Boyd, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ann Bordley, Roseann B. MacKechnie and Richard T. Faughnan of counsel), for respondent.

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

TITONE, J.

Defendant was charged with attempted murder and related offenses in a felony complaint that was filed on August 2, 1989. More than 15 months later, defendant moved to dismiss the charges, arguing that the People's October 26, 1990 statement of readiness came too late to satisfy their obligations under CPL 30.30. Inasmuch as a bench warrant for defendant had been issued and was outstanding during a substantial...

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