Opinion
06-01-2016
The PEOPLE, etc., ex rel. Dominic M. FRANZA, appellant, v. William J. CONNOLLY, etc., respondent.
Dominic M. Franza, Beacon, NY, appellant pro se. Eric T. Schneiderman, Attorney General, New York, NY (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
Dominic M. Franza, Beacon, NY, appellant pro se.
Eric T. Schneiderman, Attorney General, New York, NY (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
In proceeding for a writ of habeas corpus, the petitioner appeals, as limited by his brief, from so much of an order and judgment (one paper) of the Supreme Court, Dutchess County (Forman, J.), dated January 13, 2015, as granted the respondent's motion pursuant to CPLR 3211(a) to dismiss the petition and dismissed the petition.
ORDERED that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.
Since the contentions raised by the petitioner in support of habeas corpus relief could have been raised on direct appeal or in a motion pursuant to CPL 440.10, the Supreme Court properly determined that the requested relief was inappropriate (see CPLR 7003 ; People ex rel. Goss v. Smith, 69 N.Y.2d 727, 512 N.Y.S.2d 367, 504 N.E.2d 694 ; People ex rel. Backman v. Walsh, 101 A.D.3d 1316, 956 N.Y.S.2d 233 ; People ex rel. Barrett v. Scully, 203 A.D.2d 311, 612 N.Y.S.2d 895 ; People ex rel. Bentley v. Scully, 177 A.D.2d 732, 576 N.Y.S.2d 1021 ). Moreover, the petitioner unsuccessfully brought several previous petitions seeking habeas corpus relief on the same grounds as those asserted herein (see People ex rel. Franza v. James, 118 A.D.3d 1357, 987 N.Y.S.2d 281 ; People ex rel. Franza v. Sheahan, 100 A.D.3d 1315, 954 N.Y.S.2d 504 ; People ex rel. Franza v. Walsh, 76 A.D.3d 1160, 907 N.Y.S.2d 725 ), and he has presented no new circumstances that would warrant the relief sought in this proceeding (see People ex rel. Cook v. Ross, 232 A.D.2d 591, 648 N.Y.S.2d 948 ).
ENG, P.J., MASTRO, MALTESE and LaSALLE, JJ., concur.