People ex rel. Carpenter v. Corcoran

46 A.D.3d 1468, 847 N.Y.S.2d 885

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 21, 2007
• Status: Published

Opinion

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered May 11, 2006 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment denying his petition seeking a writ of habeas corpus. We affirm. According to petitioner, the supervision of his probation was not properly transferred from New York County to Cortland County, and Cortland County Court therefore lacked jurisdiction to sentence petitioner after he violated the terms of his probation. Habeas corpus relief is unavailable, however, inasmuch as the petition raises issues that could have been raised on petitioner’s direct appeal and, indeed, were raised by petitioner in his motions pursuant to CPL 440.10 (see e.g. People ex rel. Elkady v Conway, 41 AD3d 1176 [2007], lv denied 9 NY3d 809 [2007]; People ex rel. Lyons v Conway, 32 AD3d 1324 [2006], lv denied 8 NY3d 802 [2007]; People ex rel. Gloss v Costello, 309 AD2d 1160 [2003], lv denied 1 NY3d 504 [2003]). Present — Hurlbutt, J.P., Martoche, Smith, Peradotto and Pine, JJ.