Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT KNOX, Appellant, v. HAROLD J. SMITH, as Superintendent of the Attica Correctional Facility, Respondent. 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 A.D.2d 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 N.Y.2d 257, 262; People ex rel. Thomas v Mancusi, 42 A.D.2d 824) nor issues which could have been raised on appeal but were not (People ex rel. White v La Vallee, 47 A.D.2d 982). The writ was, therefore, properly dismissed.