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PEOPLE EX REL. LeMON v. MANCUSI

31 N.Y.2d 679 (1972)

The People of the State of New York ex rel. Robert LeMon, Appellant, v. Vincent R. Mancusi, as Superintendent of Attica Correctional Facility, Respondent.

Court of Appeals of the State of New York.

Decided September 28, 1972.

Attorney(s) appearing for the Case

Nathaniel A. Barrell for motion.

Louis J. Lefkowitz, Attorney-General (Anthony M. Leone of counsel), opposed.

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

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