Opinion
528573
08-01-2019
The PEOPLE of the State of New York EX REL. Anthony HILL, Appellant, v. Christopher MILLER, as Superintendent of Great Meadow Correctional Facility, Respondent.
Anthony Hill, Comstock, appellant pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Anthony Hill, Comstock, appellant pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Lynch, Mulvey, Devine and Rumsey, JJ.
MEMORANDUM AND ORDER Appeal from a judgment of the Supreme Court (McKeighan, J.), entered January 22, 2019 in Washington County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner is currently serving a lengthy prison term following his 2009 conviction of numerous crimes, including rape and sodomy. Petitioner commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming that the indictment was defective and that Supreme Court lacked subject matter jurisdiction. Supreme Court dismissed the petition without a hearing, and this appeal ensued.
We affirm. "Habeas corpus is not the appropriate remedy for raising claims that could have been raised on direct appeal or in the context of a CPL article 440 motion, even if they are jurisdictional in nature" ( People ex rel. Nailor v. Kirkpatrick , 156 A.D.3d 1100, 1100, 65 N.Y.S.3d 469 [2017] [internal quotation marks and citations omitted]; see People ex rel. Gonzalez v. Smith , 122 A.D.3d 1045, 1046, 995 N.Y.S.2d 846 [2014], appeal dismissed 24 N.Y.3d 1203, 4 N.Y.S.3d 152, 27 N.E.3d 856 [2015] ; People ex rel. Riley v. Bradt , 91 A.D.3d 1238, 1238, 936 N.Y.S.2d 921 [2012] ). We agree with Supreme Court that the jurisdictional issues raised by petitioner are inappropriate for habeas corpus relief. As we discern no basis to depart from traditional orderly procedure, we find that Supreme Court properly denied petitioner's application (see People ex rel. Nailor v. Kirkpatrick , 156 A.D.3d at 1100, 65 N.Y.S.3d 469 ; People ex rel. Woodard v. Berry , 143 A.D.2d 457, 458, 532 N.Y.S.2d 453 [1988], lv denied 73 N.Y.2d 705, 539 N.Y.S.2d 298, 536 N.E.2d 627 [1989] ).
Garry, P.J., Lynch, Mulvey, Devine and Rumsey, JJ., concur. ORDERED that the judgment is affirmed, without costs.