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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVER KIMMONS, Appellant.

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).

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PEOPLE v. KIMMONS
(May 31, 1996)