New York Court of Appeals
The People of the State of New York v. Samuel Bolden
February 25, 199381 N.Y.2d 146
Summary
The Court held that the 1984 amendment to CPL 30.30(4)(c) incorporates the statutory due‑diligence requirement, so the People must show they exercised due diligence in locating or securing the defendant before the bench‑warrant period can be excluded; because they did not, the indictment is dismissed and the Appellate Division's decision is reversed. Justice Bellacosa dissented, arguing the amendment eliminated the due‑diligence requirement and the conviction should be affirmed.