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People ex Rel. Dixon v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 4, 1985
112 A.D.2d 50 (N.Y. App. Div. 1985)

Opinion

June 4, 1985

Appeal from the Supreme Court, Wyoming County, Kane, J.

Present — Callahan, J.P., Boomer, Green, Pine and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court properly denied relator's application for a writ of habeas corpus. Relator may not obtain relief in this proceeding for the alleged denial of his right to a speedy trial, especially since he never raised this issue at or before trial (see, People ex rel. LeMon v. Mancusi, 31 N.Y.2d 679). His claim of ineffective assistance of counsel does not entitle him to habeas corpus relief (see, People ex rel. Douglas v. Vincent, 50 N.Y.2d 901); nor would he be entitled to relief in the nature of coram nobis because his allegations concerning ineffective assistance of counsel are conclusory and are not supported by evidentiary facts entitling him to a hearing (see, People v. Session, 34 N.Y.2d 254, 255-256). Relator's other grounds for relief are insufficient since they were raised or could have been on his appeal from the judgment of conviction (see, People ex rel. Douglas v. Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901, supra).


Summaries of

People ex Rel. Dixon v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 4, 1985
112 A.D.2d 50 (N.Y. App. Div. 1985)
Case details for

People ex Rel. Dixon v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MILTON DIXON, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 4, 1985

Citations

112 A.D.2d 50 (N.Y. App. Div. 1985)

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