Legal Opinion

People v. Perez

New York Court of Appeals

Decided April 3, 2014PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

These four cases involve criminal appeals that were not pursued for more than a decade — in one case more than two decades — after the filing of a notice of appeal. In each case, the *96Appellate Division dismissed the appeal on the People’s motion. We hold that the dismissals in People v Perez, People v Calaff and People v Dockery did not violate defendants’ constitutional rights and were proper exercises of discretion. We remit the fourth case, People v Lopez, to the Appellate Division so that counsel can be appointed to represent Lopez in opposing the dismissal of…

2Cases cited11 opinions

  1. Penson v. OhioSupreme Court of the United States · 1988
  2. Douglas v. CaliforniaSupreme Court of the United States · 1963
  3. People v. SparberNew York Court of Appeals · 2008
  4. Dowd v. United States Ex Rel. CookSupreme Court of the United States · 1951
  5. People v. SyvilleNew York Court of Appeals · 2010

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3Cited by20 opinions

  1. Calaff v. CapraCourt of Appeals for the Second Circuit · 2017
  2. People v. ArjuneCourt for the Trial of Impeachments and Correction of Errors · 2017
  3. People v. GrimesNew York Court of Appeals · 2018
  4. People v. MorelAppellate Division of the Supreme Court of the State of New York · 2021
  5. Calaff v. CapraDistrict Court, S.D. New York · 2016

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