People v. Eldridge

Memorandum. The Court of Appeals customarily declines to review the type of discretion exercised by the intermediate appellate court in this case (People v. Evans, 26 N Y 2d 681; People v. Sanchez, 298 N. Y. 923; Cohen and Karger, Powers of the New York Court of Appeals, pp. 720-721, 745). The dismissal is not attributable to the defendant’s indigence, requiring us to relax the rule (People v. Pitts, 6 N Y 2d 288). Rather, the delay was due initially to the failure of the Public Defender to do anything to perfect the appeal and thereafter to his omission to invoke the simple remedy available…