Opinion
Submitted September 11, 1972
Decided September 28, 1972
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN S. CONABLE, J.
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, 662; cf. People v. Piscitello, 7 N.Y.2d 387, 388; see, generally, Barker v. Wingo, 407 U.S. 514, for the significance of raising the issue at or before trial).