Legal Opinion

People ex rel. LeMon v. Mancusi

New York Court of Appeals

Decided September 28, 1972PublishedCited by 2 opinions

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

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. People ex rel. Lee v. JacksonAppellate Division of the Supreme Court of the State of New York · 1954
  3. People ex rel. Lee v. JacksonNew York Court of Appeals · 1955
  4. Lee v. JacksonSupreme Court of the United States · 1956
  5. People v. HunterNew York Court of General Session of the Peace · 1961

3Cited by2 opinions

  1. People ex rel. Dixon v. SmithAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. ConnorNew York Court of Appeals · 1984