Home/Appellate Division of the Supreme Court of New York/People ex rel. Knox v. Smith

People ex rel. Knox v. Smith

60 A.D.2d 789, 400 N.Y.S.2d 656, 1977 N.Y. App. Div. LEXIS 14851
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 16, 1977
StatusPublished
Cited by18 cases

This text of 60 A.D.2d 789 (People ex rel. Knox v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Knox v. Smith, 60 A.D.2d 789, 400 N.Y.S.2d 656, 1977 N.Y. App. Div. LEXIS 14851 (N.Y. Ct. App. 1977).

Opinion

Judgment unanimously affirmed. Memorandum: On this appeal from a judgment dismissing his writ of habeas corpus relator seeks review of issues that were raised or could have been raised on his direct appeal from the judgment of conviction which he seeks to avoid. We affirmed the conviction (44 AD2d 910). A writ of habeas corpus can neither be utilized to review claimed errors already passed on in an earlier appeal (People ex rel. Keitt v McMann, 18 NY2d 257, 262; People ex rel. Thomas v Mancusi, 42 AD2d 824) nor issues which could have been raised on appeal but were not (People ex rel. White v La Vallee, 47 AD2d 982). The writ was, [790]*790therefore, properly dismissed. (Appeal from judgment of Wyoming County Court—habeas corpus.) Present—Moule, J. P., Cardamone, Simons, Hancock, Jr., and Denman, JJ.

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Bluebook (online)
60 A.D.2d 789, 400 N.Y.S.2d 656, 1977 N.Y. App. Div. LEXIS 14851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-knox-v-smith-nyappdiv-1977.