The New York Court of Appeals rejected an argument on Tuesday from a defendant that said he should be given a second chance to appeal his conviction to the high court because his public defender failed to file the necessary paperwork on time three years ago.

Chief Judge Janet DiFiore wrote in the majority opinion that an attorney’s failure to file a timely application for leave to the Court of Appeals in a criminal case does not deprive the defendant of their constitutional right to the effective assistance of counsel or due process.