Opinion
92891
Calendar Date: May 14, 2003.
June 12, 2003.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered November 18, 2002 in Clinton County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Robert Hayden, Dannemora, appellant pro se. Eliot Spitzer, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Mercure, J.P., Peters, Mugglin, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Petitioner was convicted in 1997 of the crimes of burglary in the second degree (seven counts), petit larceny (six counts) and criminal possession of stolen property in the fourth degree. In October 2002, he filed this habeas corpus proceeding challenging the validity of his conviction based upon alleged defects in the composition of the petit jury in violation of his constitutional rights. Supreme Court denied petitioner's application for a writ of habeas corpus and we affirm.
Habeas corpus relief is unavailable to petitioner as he could have raised these issues in the context of his direct appeal (see People v. Hayden, 250 A.D.2d 937, lvs denied 92 N.Y.2d 879, 982, cert denied 526 U.S. 1028) or in a CPL article 440 motion (see Matter of Lebron v. Herbert, 287 A.D.2d 917, 918, lv denied 97 N.Y.2d 609; People ex rel. Murray v. Goord, 268 A.D.2d 827, 828, lv denied 94 N.Y.2d 763). In view of the absence of any circumstances that would warrant a departure from traditional orderly procedure, the application was properly denied (see People ex rel. Silverio v. Miller, 283 A.D.2d 702, 703).
Mercure, J.P., Peters, Mugglin, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed, without costs.