People v. Perez, 12 N.E.3d 416

Four prosecutions involving long-delayed criminal appeals dismissed by Appellate Division on People’s motion; none pursued for 13–26 years after notice of appeal; Lopez case remitted for counsel appointment to oppose dismissal.
Perez: murder/manslaughter conviction (1996); appeal notice (1996); initial appellate counsel admonished for neglect (2003); new counsel sought enlargement (2012); Appellate Division dismissed (2013).
Calaff: guilty-plea for attempted burglary (1993); no request for appellate counsel; persistent felon adjudication (2004); 2012 appointment of counsel and enlargement; dismissal (2013).
Dockery: robbery conviction (1986); appeal-notice filed by counsel; long inaction; later petitions and reinstatements; dismissal (2012) upheld.
Lopez: in absentia robbery convictions (1999); appellate proceedings dormant during fugitive period; counsel appointed for resentencing appeal (2010); 2012 amendment requests; Appellate Division dismissed 1999 appeal; Court remits for counsel review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether long-delayed appeals violate rights to fair appellate process	Perez/Calaff/Dockery: no constitutional right violated by dismissal	People: delays undermine orderly system; discretionary dismissals permissible	Perez, Calaff, Dockery: affirmed dismissal; Lopez: remitted for counsel review
Whether defendant’s right to counsel on appeal was violated	Lopez: require appointment; Taveras analogy supports appointment	People: discretion to dismiss; no right to counsel if not appointed timely	Lopez remitted for appointment of counsel and de novo consideration; Perez/Calaff/Dockery upheld without new counsel
Whether age/developmental status of minor requires consideration in dismissal decisions	Perez/Dockery: age should affect ability to pursue appeal	Majority: no special consideration required beyond standard rules	Dissent (Dockery-Perez) would require age considerations; majority did not; Lopez remanded for counsel review

People v West, 100 N.Y.2d 23 (N.Y. 2003) (right to appellate process and need for counsel where applicable)
Douglas v. California, 372 U.S. 353 (U.S. 1963) (indigent defendant's right to court-appointed counsel on first appeal)
Taveras v. Smith, 463 F.3d 141 (2d Cir. 2006) (federal habeas; right to counsel on appeal when state permit exists)
Dowd v. United States ex rel. Cook, 340 U.S. 206 (U.S. 1951) (long lapse after rule rescission not waiver of constitutional claim)
People v. Paveras, 10 N.Y.3d 227 (N.Y. 2008) (appellate discretion to permit untimely appeals)
Graham v. Florida, 560 U.S. 46 (U.S. 2010) (juvenile rights; age affecting appellate considerations)
People v Rudolph, 21 N.Y.3d 497 (N.Y. 2013) (concurrence on youth considerations in appellate review)