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
Appellate Division of the Supreme Court of the State of New York·Decided December 16, 1977·Published·Cited by 18 cases

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] therefore, properly dismissed. (Appeal from judgment of Wyoming County Court—habeas corpus.) Present—Moule, J. P., Cardamone, Simons, Hancock, Jr., and Denman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

60 A.D.2d 789 (People ex rel. Knox v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People ex rel. Finkelstein v. Kuhlmann
182 A.D.2d 959 (Appellate Division of the Supreme Court of New York, 1992)
People ex rel. Maula v. Freckleton
173 A.D.2d 219 (Appellate Division of the Supreme Court of New York, 1991)
People ex rel. Vaughn v. Sullivan
135 A.D.2d 765 (Appellate Division of the Supreme Court of New York, 1987)
People ex rel. Dudley v. Kelly
128 A.D.2d 981 (Appellate Division of the Supreme Court of New York, 1987)
Dean v. Smith
753 F.2d 239 (Second Circuit, 1985)
People ex rel. Nappi v. Henderson
106 A.D.2d 917 (Appellate Division of the Supreme Court of New York, 1984)
People ex rel. Rosario v. Henderson
105 A.D.2d 1065 (Appellate Division of the Supreme Court of New York, 1984)
Carter v. Scully
533 F. Supp. 257 (S.D. New York, 1982)
Armato v. New York
520 F. Supp. 1205 (S.D. New York, 1981)
People ex rel. Gaines v. Jones
79 A.D.2d 1065 (Appellate Division of the Supreme Court of New York, 1981)
People ex rel. Taylor v. Mayone
77 A.D.2d 953 (Appellate Division of the Supreme Court of New York, 1980)
People ex rel. Douglas v. Vincent
409 N.E.2d 990 (New York Court of Appeals, 1980)
People ex rel. Frisbie v. Wehner
71 A.D.2d 711 (Appellate Division of the Supreme Court of New York, 1979)
People ex rel. Barnes v. Smith
70 A.D.2d 764 (Appellate Division of the Supreme Court of New York, 1979)
People ex rel. Douglas v. Vincent
67 A.D.2d 587 (Appellate Division of the Supreme Court of New York, 1979)
People ex rel. Stephens v. Smith
64 A.D.2d 1008 (Appellate Division of the Supreme Court of New York, 1978)
People ex rel. Fowler v. Smith
60 A.D.2d 790 (Appellate Division of the Supreme Court of New York, 1977)