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

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the indictment, holding that the People failed to demonstrate due diligence for the 69‑day period between issuance of a bench warrant and its assignment to an officer, and that additional periods of delay were also non‑excludable, causing the total unexcused delay to exceed the statutory 184‑day limit. The Court also affirmed that the defense had properly preserved these issues for appellate review.