People ex rel. Backman v. Walsh

101 A.D.3d 1316, 956 N.Y.2d 233

Opinion

“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. Hemphill v Rock, 95 AD3d 1579, 1579 [2012] [internal quotation marks and citations omitted]; see People ex rel. Chapman v LaClair, 64 AD3d 1026, 1026 [2009], lv denied 13 NY3d 712 [2009]). The record discloses no extraordinary circumstances that would warrant departure from traditional orderly procedure (see People ex rel. Collins v Billnier, 87 AD3d 1208, 1209 [2011], lv denied 18 NY3d 802 [2011]). Accordingly, there is no basis upon which to disturb the denial of petitioner’s application.

Rose, J.P., Lahtinen, Spain, McCarthy and Gariy, JJ., concur. Ordered that the judgment is affirmed, without costs.