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PEOPLE v. WIGGINS

No. 15.

31 N.Y.3d 1 (2018)

72 N.Y.S.3d 1

95 N.E.3d 303

2018 NY Slip Op 01111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD WIGGINS, Appellant.

Court of Appeals of New York.

Decided February 15, 2018.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Ben A. Schatz , of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sabrina Margret Bierer and Christopher P. Marinelli of counsel), for respondent.

The Legal Aid Bureau of Buffalo, Inc., Buffalo ( Benjamin L. Nelson of counsel), Timothy P. Murphy , New York State Association of Criminal Defense Lawyers, Albany, and Mark S. Williams , Chief Defenders Association of New York, Albany, for New York State Association of Criminal Defense Lawyers and another, amici curiae.

Alston & Bird LLP, New York City ( Elizabeth A. Buckel of counsel), for JustLeadershipUSA, amicus curiae.

The Bronx Defenders, Bronx ( Saul Zipkin , V. Marika Meis , Tania Brief and Scott Levy of counsel), for The Bronx Defenders and another, amici curiae.

Judges RIVERA, STEIN and WILSON concur; Chief Judge DiFIORE dissents in an opinion, in which Judges GARCIA and FEINMAN concur.

OPINION OF THE COURT

The answer to the question "how long is too long?" is a difficult one to resolve. However, certain basic principles must guide us. An accused's right to be presumed innocent is protected by the right to prompt justice. Incarceration should generally follow conviction, not precede it. The failure of our criminal...

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