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People ex Rel. LeMon v. Mancusi

Court of Appeals of the State of New York
Sep 28, 1972
289 N.E.2d 178 (N.Y. 1972)

Opinion

Submitted September 11, 1972

Decided September 28, 1972

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN S. CONABLE, J.

Nathaniel A. Barrell for motion.

Louis J. Lefkowitz, Attorney-General ( Anthony M. Leone of counsel), opposed.


Motion denied. Post-judgment relief in a collateral proceeding is not available to assert denial of the right to a speedy trial, especially so when the issue was never raised at or before trial ( People v. White, 2 N.Y.2d 220, 223-224; People ex rel. Lee v. Jackson, 285 App. Div. 33, affd. 309 N.Y. 676, cert. den. 350 U.S. 983; People v. Hunter, 30 Misc.2d 661, 662; cf. People v. Piscitello, 7 N.Y.2d 387, 388; see, generally, Barker v. Wingo, 407 U.S. 514, for the significance of raising the issue at or before trial).


Summaries of

People ex Rel. LeMon v. Mancusi

Court of Appeals of the State of New York
Sep 28, 1972
289 N.E.2d 178 (N.Y. 1972)
Case details for

People ex Rel. LeMon v. Mancusi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT LeMON, Appellant, v…

Court:Court of Appeals of the State of New York

Date published: Sep 28, 1972

Citations

289 N.E.2d 178 (N.Y. 1972)
337 N.Y.S.2d 257
31 N.Y.2d 679

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