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PEOPLE v. WEST

100 N.Y.2d 23 (2003)

789 N.E.2d 615

759 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVER GIOLA WEST, JR., Appellant.

Court of Appeals of the State of New York.

Decided May 1, 2003.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jan Hoth-Uzzo and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Morrie I. Kleinbart and Alan Gadlin of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

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...

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