People v. Rivera

Jasen, J. (dissenting).

On this appeal, the sole question before us is whether, 23 years after conviction, a defendant who was not advised of his right to appeal and who, pursuant to People v Montgomery (24 NY2d 130), was resentenced nunc pro tunc so as to commence again the time in which to take an appeal, is entitled to a new trial solely because there no longer exists a transcript of the original trial proceedings, even though the Appellate Division has affirmed a finding that the defendant has failed to raise any appealable issues with respect to the first trial. Since I cannot agree that…