The Darby/O'Keefe principles governing extension of time to appeal in criminal cases require both a satisfactory explanation for delay and, where the delay is considerable, demonstration that the proposed appeal would probably succeed. An applicant whose prior conduct amounts to an election not to appeal, and who relies on intervening legal developments without demonstrating actual prejudice, will not satisfy these requirements. The destruction of trial records caused by the applicant's own delay is a factor weighing against the application.
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