People v. Ivan Calaff


AD1 order dated February 19, 2013, dismissing appeal from a judgment of conviction. Decision below: 103 AD3d 500, 959 NYS2d 427. Graffeo, J., granted leave September 6, 2013.

ISSUE PRESENTED: Whether the Appellate Division abused its discretion in dismissing the appeal where Mr. Calaff did not purposely abandon his right to appeal and the dismissal was due to Mr. Calaff’s inaction, where neither the prosecution nor the court itself had previously moved to dismiss the appeal or provided notice that the fundamental right to appeal would be lost through inaction. (Assigned counsel: Claudia Trupp and Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)

propriety of dismissal of appeal based solely on passage of time and inaction, where the People didn't move earlier