Legal Opinion

People ex rel. Barnes v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 1979PublishedCited by 12 opinions

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

  1. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  2. People ex rel. Knox v. SmithAppellate Division of the Supreme Court of the State of New York · 1977
  3. People ex rel. White v. La ValleeAppellate Division of the Supreme Court of the State of New York · 1975
  4. People ex rel. Pendleton v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
  5. 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

  1. People ex rel. Goss v. SmithAppellate Division of the Supreme Court of the State of New York · 1986
  2. People ex rel. Webb v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1988
  3. People ex rel. Patterson v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1991
  4. People ex rel. Hammock v. MeloniAppellate Division of the Supreme Court of the State of New York · 1996
  5. 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.

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