Opinion
2014-11-13
The PEOPLE of the State of New York ex rel. Santo GONZALEZ, Appellant, v. Joseph T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.
Santo Gonzalez, Wallkill, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Santo Gonzalez, Wallkill, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: GARRY, J.P., ROSE, EGAN JR., DEVINE and CLARK, JJ.
Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered January 31, 2014 in Ulster County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Supreme Court denied petitioner's application for a writ of habeas corpus and we now affirm, albeit on different grounds. Petitioner was convicted of numerous crimes in 1981, including attempted murder in the first degree, and is presently serving a lengthy term of imprisonment. He has already challenged that conviction upon direct appeal and in collateral proceedings, including in CPL article 440 motions and habeas corpus proceedings ( see e.g. People ex rel. Gonzalez v. New York State Dept. of Correctional Servs., 86 A.D.3d 886, 886–887, 927 N.Y.S.2d 614 [2011], lv. denied18 N.Y.3d 802, 2011 WL 6223128 [2011] ). Petitioner contended in a prior habeas corpus proceeding that the indictment against him was jurisdictionally defective ( id.), and here again advances similar claims. We thus find that “[p]etitioner's arguments either could have been or were raised upon direct appeal or in a CPL article 440 motion and, as no extraordinary circumstances warranting a departure from traditional orderly procedure exist here, habeas corpus relief is unavailable to him” (id. at 887, 927 N.Y.S.2d 614; see People ex rel. Fauntleroy v. Rock, 113 A.D.3d 982, 983, 978 N.Y.S.2d 916 [2014], lv. denied22 N.Y.3d 865, 2014 WL 1316184 [2014]; People ex rel. Miller v. Rock, 109 A.D.3d 1062, 1062, 971 N.Y.S.2d 486 [2013] ).
ORDERED that the judgment is affirmed, without costs.