New York Court of Appeals, 1972

People ex rel. LeMon v. Mancusi

People ex rel. LeMon v. Mancusi
New York Court of Appeals · Decided September 28, 1972
31 N.Y.2d 679; 288 N.E.2d 812; 336 N.Y.S.2d 912; 1972 N.Y. LEXIS 1115
People ex rel. LeMon v. Mancusi

Cases that cite this one

2 later published cases cite this decision.

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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).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.