Summary
considering appeal that was not perfected until approximately eight years after filing
Summary of this case from U.S. v. GlenOpinion
May 31, 1996
Appeal from the Niagara County Court, DiFlorio, J.
Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his due process and equal protection rights were violated by the nearly eight-year delay between the filing of his notice of appeal and the perfection of the appeal. The delay in the perfection of the appeal is in large part attributable to defendant's failure to proceed pro se or to request assigned counsel ( see, People v. Gonzalez, 184 A.D.2d 525, 526, lv denied 80 N.Y.2d 904; cf., Simmons v. Reynolds, 898 F.2d 865).