100 N.Y.2d 23 (2003)
A defendant abandons the right to appeal when they fail to perfect the appeal in a timely manner, despite being informed of their appellate rights and the process for seeking poor person relief.
Summary
The case concerns whether the defendant abandoned his right to appeal his conviction for rape and sodomy because he failed to perfect his appeal for over 14 years. The New York Court of Appeals held that he did abandon his right to appeal. The Court reasoned that the right to appeal is a statutory right that must be affirmatively exercised and timely asserted. Despite being informed of his appellate rights and how to apply for poor person relief, the defendant repeatedly attempted to bypass the state appellate process by filing petitions seeking federal habeas corpus relief. The Court found no due process violation in requiring the defendant to apply for legal representation.
Facts
The defendant was convicted of rape and sodomy in the first degree and adjudicated a persistent felony offender. He was advised of his right to appeal, including written notice of how to proceed as a poor person. He filed a timely notice of appeal. The defendant also moved pro se for copies of transcripts, alleging indigence. He filed multiple unsuccessful federal habeas corpus petitions before attempting to perfect his state appeal.
Procedural History
The defendant was convicted and sentenced in the trial court. He filed a notice of appeal. He then filed multiple federal habeas corpus petitions, all of which were dismissed for failure to exhaust state remedies. Fourteen years after sentencing, he sought permission from the Appellate Division to prosecute his appeal as a poor person. The Appellate Division granted the People’s cross-motion to dismiss the appeal based on laches. Leave to appeal to the New York Court of Appeals was denied. After a federal court intervened, the Appellate Division again dismissed the appeal, concluding the defendant’s 14-year delay demonstrated abandonment. This decision was appealed to the New York Court of Appeals.
Issue(s)
1. Whether the defendant abandoned his right to appeal by failing to perfect his appeal for more than 14 years after being informed of his appellate rights.
2. Whether an application for poor person relief is a critical stage of the proceeding to which the Sixth Amendment right to counsel attaches.
Holding
1. Yes, because the right to appeal is a statutory right that must be affirmatively exercised and timely asserted, and the defendant failed to pursue his appeal despite being informed of his rights and the necessary steps.
2. No, because the Sixth Amendment does not encompass the right to counsel in appellate proceedings for poor person relief applications, and the information required for such applications is uniquely available to the appellant without the need for counsel.
Court’s Reasoning
The Court of Appeals reasoned that the right to appeal is a statutory right and must be timely asserted. The Court noted that the defendant was properly informed of his right to appeal and how to apply for poor person relief. The defendant’s repeated attempts to seek federal habeas corpus relief while neglecting his state appeal demonstrated an abandonment of his state appeal. The Court emphasized that assigned counsel is required to inform a defendant of their right to appeal after sentencing per 22 NYCRR 606.5 [b]; 671.3, 821.2 [a]; 1022.11 [a]. The court rejected the defendant’s argument that he was not informed of his right to seek poor person relief, citing the explicit instructions he received. The court also held that application for poor person relief is not a critical stage where the Sixth Amendment right to counsel attaches because the appellant need only advise the appellate court of income, its source(s), and a list of property owned and its value and “[t]his personal information is uniquely available to the appellant.”