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People v. N.Y. Dept. of Corr

Appellate Division of the Supreme Court of New York, Third Department
Jul 28, 2011
86 A.D.3d 886 (N.Y. App. Div. 2011)

Opinion

No. 511347.

July 28, 2011.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered December 6, 2010 in Franklin County, which dismissed petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Santo Gonzalez, Romulus, appellant pro se.

Before: Peters, J.P., Lahtinen, Stein, Garry and Egan Jr., JJ.


Petitioner is serving a lengthy term of imprisonment as a result of his conviction of attempted murder in the first degree, attempted assault in the first degree, burglary in the second degree and two counts of criminal possession of a weapon in the second degree. He has unsuccessfully challenged those convictions upon direct appeal and in collateral proceedings, including several motions made pursuant to CPL article 440. Petitioner subsequently brought this habeas corpus proceeding, arguing that the indictment failed to allege every material element of the crimes charged and was jurisdictionally defective. Supreme Court, sua sponte, dismissed the petition. Petitioner now appeals.

We affirm. Petitioner'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 ( see People ex rel. Chapman v LaClair, 64 AD3d 1026, 1026-1027, lv denied 13 NY3d 712; People ex rel. Lewis v Graham, 57 AD3d 1508, 1508-1509, lv denied 12 NY3d 705).

Ordered that the judgment is affirmed, without costs.


Summaries of

People v. N.Y. Dept. of Corr

Appellate Division of the Supreme Court of New York, Third Department
Jul 28, 2011
86 A.D.3d 886 (N.Y. App. Div. 2011)
Case details for

People v. N.Y. Dept. of Corr

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. SANTO GONZALEZ, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 28, 2011

Citations

86 A.D.3d 886 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 6060
927 N.Y.S.2d 614