Opinion
06-23-2016
The PEOPLE of the State of New York ex rel. Nakia CHANEY, Appellant, v. Dominic DAGOSTINO, as Sheriff of Schenectady County, Respondent.
Nakia Chaney, Johnstown, appellant pro se. Christopher H. Gardner, County Attorney, Schenectady, for respondent.
Nakia Chaney, Johnstown, appellant pro se.
Christopher H. Gardner, County Attorney, Schenectady, for respondent.
Appeal from a judgment of the Supreme Court (Kramer, J.), entered February 9, 2015 in Schenectady County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.
Supreme Court properly dismissed petitioner's application for a writ of habeas corpus. The contentions raised by petitioner, including those that are jurisdictional in nature, could be raised upon direct appeal of his conviction or in a CPL article 440 motion (see People ex rel. Williams v. Cunningham, 106 A.D.3d 1303, 1304, 965 N.Y.S.2d 237 [2013] ; People ex rel. Backman v. Walsh, 101 A.D.3d 1316, 1316, 956 N.Y.S.2d 233 [2012], lv. denied 20 N.Y.3d 863, 2013 WL 1235403 [2013] ). As we find no reason to depart from traditional orderly procedure, Supreme Court's order denying petitioner's application will not be disturbed (see People ex rel. Williams v. Cunningham, 106 A.D.3d at 1304, 965 N.Y.S.2d 237 ).
ORDERED that the judgment is affirmed, without costs. LAHTINEN, J.P., EGAN JR., DEVINE, MULVEY and AARONS, JJ., concur.