Opinion
2012-05-24
The PEOPLE of the State of New York ex rel. John HEMPHILL, Appellant, v. David A. ROCK, as Superintendent of Upstate Correctional Facility, Respondent.
John Hemphill, Malone, appellant pro se.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 8, 2011 in Franklin County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner, an inmate, commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming, among other things, that his arrest was unlawful and the underlying indictment is flawed. Supreme Court denied the application without a hearing. Petitioner appeals, and we affirm. “Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature” ( People ex rel. Burr v. Rock, 93 A.D.3d 977, 939 N.Y.S.2d 730 [2012] [citations omitted]; see People ex rel. Lainfiesta v. Lape, 83 A.D.3d 1303, 1303, 922 N.Y.S.2d 591 [2011],lv. denied17 N.Y.3d 708, 2011 WL 4030045 [2011]. Inasmuch as no sound reason to depart from traditional orderly procedure has been presented ( see People ex rel. Collins v. Billnier, 87 A.D.3d 1208, 1209, 929 N.Y.S.2d 778 [2011],lv. denied18 N.Y.3d 802, 2011 WL 6223058 [2011] ), we find no basis to disturb the denial of petitioner's application.
ORDERED that the judgment is affirmed, without costs.