Legal Opinion
People v. West
New York Court of Appeals
Decided May 1, 2003PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
This case requires us to determine whether defendant abandoned his right to appeal when he failed to perfect his appeal for more than 14 years. He did.
This case has a long and tortured past. Defendant was convicted of rape and sodomy in the first degree and adjudicated a persistent felony offender. After sentencing, defendant was advised of his right to appeal, including written notice that instructed how to proceed on appeal as a poor person. With the aid of counsel, defendant filed a timely notice of appeal from the conviction. Defendant also moved pro se in…
2Cases cited7 opinions
- Penson v. OhioSupreme Court of the United States · 1988
- Smith v. RobbinsSupreme Court of the United States · 2000
- Martinez v. Court of Appeal of California, Fourth Appellate DistrictSupreme Court of the United States · 2000
- United States v. Dennis L. WengerCourt of Appeals for the Seventh Circuit · 1995
- People v. MontgomeryNew York Court of Appeals · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. SyvilleNew York Court of Appeals · 2010
- People v. TigerNew York Court of Appeals · 2018
- People v. PerezNew York Court of Appeals · 2014
- People v. AndrewsNew York Court of Appeals · 2014
- Calaff v. CapraCourt of Appeals for the Second Circuit · 2017
15 more not listed; retrieve them via the Exa API.