Opinion
06-16-2016
The PEOPLE of the State of New York ex rel. Douglas LATTA, Appellant, v. Daniel F. MARTUSCELLO Jr., as Superintendent of Coxsackie Correctional Facility, Respondent.
Douglas Latta, Woodbourne, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Douglas Latta, Woodbourne, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Tailleur, J.), entered May 11, 2015 in Greene County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.
Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus on the grounds that his conviction for various crimes in 2013 violated the constitutional prohibition against double jeopardy and that he was denied the right to counsel during his trial. Supreme Court denied the application following a hearing and petitioner now appeals.
“It is well settled that habeas corpus relief is not an appropriate remedy for resolving claims that could have been or that were raised on direct appeal or in a postconviction motion” (People ex rel. Lainfiesta v. Lape, 83 A.D.3d 1303, 1303, 922 N.Y.S.2d 591 [2011], lv. denied 17 N.Y.3d 708, 2011 WL 4030045 [2011] [citations omitted]; see People ex rel. Berry v. LaClair, 65 A.D.3d 1428, 1428, 885 N.Y.S.2d 435 [2009] ; People ex rel. Jackson v. McGinnis, 251 A.D.2d 731, 731, 672 N.Y.S.2d 826 [1998], appeal dismissed lv. and denied 92 N.Y.2d 913, 680 N.Y.S.2d 51, 702 N.E.2d 837 [1998] ). Inasmuch as both issues raised here could be raised on direct appeal or in a CPL article 440 motion, the application for the writ of habeas corpus was properly denied (see People ex rel. Jackson v. McGinnis, 251 A.D.2d at 731, 672 N.Y.S.2d 826 ; People ex rel. Murphy v. Leonardo, 179 A.D.2d 848, 848, 578 N.Y.S.2d 426 [1992], lv. denied 79 N.Y.2d 757, 583 N.Y.S.2d 193, 592 N.E.2d 801 [1992] ). Moreover, we find no circumstances warranting a departure from traditional orderly procedure (see People ex rel. Fauntleroy v. Rock, 113 A.D.3d 982, 983, 978 N.Y.S.2d 916 [2014], lv. denied 22 N.Y.3d 865, 2014 WL 1316184 [2014] ).
ORDERED that the judgment is affirmed, without costs.
PETERS, P.J., LAHTINEN, GARRY, LYNCH and MULVEY, JJ., concur.