PEOPLE EX REL. BARNES v. SMITH


70 A.D.2d 764 (1979)

The People of the State of New York ex rel. Larry Barnes, Appellant v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 22, 1979


Judgment unanimously affirmed.

Memorandum:

In affirming we restate the familiar rule that habeas corpus may not "be utilized to review claimed errors already passed upon in an earlier appeal * * * — nor issues which could have been raised on appeal but were not" (People ex rel. Knox v Smith, 60 A.D.2d 789; see, also, People ex rel. Stephens v Smith, 64 A.D.2d 1008...

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