People v. Bolden

OPINION OF THE COURT

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 an "absent” defendant or obtaining an "unavailable” defendant’s presence applies to cases arising under the amendment. We hold that, far from exempting such cases…