People ex rel. Richards v Yelich |
2011 NY Slip Op 06153 [87 AD3d 764] |
August 4, 2011 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York ex rel. Justo Richards, Appellant, v Bruce Yelich, as Superintendent of Bare Hill Correctional Facility, Respondent. |
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Appeal (transferred to this Court by order of the Court of Appeals) from a judgment of the Supreme Court (Feldstein, J.), entered June 28, 2010 in Franklin County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In 1983, petitioner was convicted of murder in the second degree, manslaughter in the first
degree and criminal possession of a weapon in the third degree. He was sentenced to concurrent
prison terms of 25 years to life on the murder conviction, 8
We affirm. It is well settled that habeas corpus relief is not an appropriate remedy for [*2]resolving issues that could be raised on direct appeal or in a CPL article 440 motion even if such issues are jurisdictional in nature (see People ex rel. Chapman v LaClair, 64 AD3d 1026, 1026 [2009], lv denied 13 NY3d 712 [2009]; People ex rel. Howard v Rock, 61 AD3d 1230, 1230 [2009], lv denied 13 NY3d 702 [2009]). Here, petitioner had the opportunity to raise his present challenge in his prior appeal or in his CPL article 440 motion. In view of this, and given that we perceive no reason to depart from traditional orderly procedure, we find that Supreme Court properly denied his application (see People ex rel. Moore v Connolly, 56 AD3d 847, 848 [2008], lv denied 12 NY3d 701 [2009]; People ex rel. Alvarez v West, 22 AD3d 996, 996 [2005], lv denied 6 NY3d 704 [2006]).
Peters, J.P., Lahtinen, Kavanagh, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.