People ex rel. Barnes v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: In affirming we restate the familiar rule that habeas corpus may not "be utilized to review claimed errors already passed upon in an earlier appeal * * * — nor issues which could have been raised on appeal but were not” (People ex rel. Knox v Smith, 60 AD2d 789; see, also, People ex rel. Stephens v Smith, 64 AD2d 1008; People ex rel. Burts v Henderson, 64 AD2d 1009; People ex rel. Fowler v Smith, 60 AD2d 790; People ex rel. White v La Vallee, 47 AD2d 982; People ex rel. Thomas v Mancusi, 42 AD2d 824). Insofar as our decision in People ex rel.…
2Cases cited8 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People ex rel. Knox v. SmithAppellate Division of the Supreme Court of the State of New York · 1977
- People ex rel. White v. La ValleeAppellate Division of the Supreme Court of the State of New York · 1975
- People ex rel. Pendleton v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
- People ex rel. Thomas v. MancusiAppellate Division of the Supreme Court of the State of New York · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People ex rel. Goss v. SmithAppellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. Webb v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1988
- People ex rel. Patterson v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Hammock v. MeloniAppellate Division of the Supreme Court of the State of New York · 1996
- People ex rel. Mesa v. HendersonAppellate Division of the Supreme Court of the State of New York · 1980
7 more not listed; retrieve them via the Exa API.