People ex rel. LeMon v. Mancusi

New York Court of Appeals
People ex rel. LeMon v. Mancusi, 31 N.Y.2d 679 (N.Y. 1972)
288 N.E.2d 812; 336 N.Y.S.2d 912; 1972 N.Y. LEXIS 1115

People ex rel. LeMon v. Mancusi

Opinion of the Court

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).

Reference

Full Case Name
The People of the State of New York ex rel. Robert LeMon v. Vincent R. Mancusi, as Superintendent of Attica Correctional Facility
Cited By
2 cases
Status
Published