Opinion
2015-10-2
The PEOPLE of the State of New York ex rel. Junior COLLINS, Petitioner–Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS and Community Supervision, Respondent–Respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), dated May 12, 2014 in a habeas corpus proceeding. The judgment denied the petition.
Wyoming County–Attica Legal Aid Bureau, Inc., Warsaw (Norman P. Effman of Counsel), for Petitioner–Appellant.
MEMORANDUM:
Petitioner commenced this proceeding seeking a writ of habeas corpus, contending that he was improperly sentenced as a persistent violent felony offender. We conclude that Supreme Court properly denied the petition. “Habeas corpus relief is unavailable where[, as here,] a claim could have been raised on direct appeal or in a CPL article 440 motion” (People ex rel. Tislon v. Rock, 84 A.D.3d 1606, 1607, 922 N.Y.S.2d 822, lv. denied 17 N.Y.3d 712, 2011 WL 4835759; see Matter of Caroselli v. Goord, 269 A.D.2d 706, 706, 704 N.Y.S.2d 319, lv. denied95 N.Y.2d 754, 711 N.Y.S.2d 833, 733 N.E.2d 1102). Indeed, we note that petitioner's contention was in fact raised and rejected on a prior CPL article 440 motion.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs. SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, and CARNI, JJ., concur.