People ex rel. LeMon v. Mancusi
New York Court of Appeals
1Opinion 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).
2Cases cited5 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- People ex rel. Lee v. JacksonAppellate Division of the Supreme Court of the State of New York · 1954
- People ex rel. Lee v. JacksonNew York Court of Appeals · 1955
- Lee v. JacksonSupreme Court of the United States · 1956
- People v. HunterNew York Court of General Session of the Peace · 1961
3Cited by2 opinions
- People ex rel. Dixon v. SmithAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ConnorNew York Court of Appeals · 1984