Opinion
1254
May 29, 2003.
Order, Supreme Court, New York County (Jane Solomon, J.), entered December 18, 2001, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
Pro Se, for plaintiff-appellant.
Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Williams, JJ.
Plaintiff was convicted, upon his guilty plea, of murder in the second degree (People v. Standley, 140 A.D.2d 728, lv denied 72 N.Y.2d 925). Plaintiff's various applications for post-conviction relief, including his federal habeas corpus petition on which he was represented by defendant, were all unavailing. Accordingly, this action for legal malpractice must be dismissed; while the determination of guilt against plaintiff remains undisturbed, no cause of action attributing plaintiff's conviction to negligent legal representation will lie (Carmel v. Lunney, 70 N.Y.2d 169, 173; Christy Viener v. Sagona, 269 A.D.2d 284).
We have considered plaintiff's procedural arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.