Opinion
December 14, 2000.
Appeal from a judgment of the Supreme Court (La Buda, J.), entered April 10, 2000 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.
Freddy Cano, Fallsburg, appellant in person.
David Frey, District Attorney, New York City, for respondent.
Before: Mercure, J.P., Spain, Carpinello and Lahtinen, JJ.
MEMORANDUM AND ORDER
Petitioner is serving a lengthy prison sentence as the result of being convicted of multiple sex-related crimes. He commenced this proceeding for a writ of habeas corpus alleging that his detention is unlawful due to procedural and constitutional errors occurring at the time of his arrest and throughout his prosecution and trial. Supreme Court dismissed the application and we affirm.
Because petitioner's arguments would be properly raised by way of a CPL article 440 motion or on his pending appeal from the judgment of conviction, habeas corpus relief is not appropriate (see, People ex rel. Marsh v. Miller, 275 A.D.2d 822, 713 N.Y.S.2d 501; People ex rel. Caroselli v. Goord, 268 A.D.2d 827, 828, lv denied 94 N.Y.2d 765; People ex rel. Hall v. Bennett, 267 A.D.2d 644, lv denied 94 N.Y.2d 762).
ORDERED that the judgment is affirmed, without costs.