People ex rel. Chaney v. Dagostino

140 A.D.3d 1481, 33 N.Y.S.3d 770

Opinion

Appeal from a judgment of the Supreme Court (Kramer, J.), entered February 9, 2015 in Schenectady County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Supreme Court properly dismissed petitioner’s application for a writ of habeas corpus. The contentions raised by petitioner, including those that are jurisdictional in nature, could be raised upon direct appeal of his conviction or in a CPL article 440 motion (see People ex rel. Williams v Cunningham, 106 AD3d 1303, 1304 [2013]; People ex rel. Backman v Walsh, 101 AD3d 1316, 1316 [2012], lv denied 20 NY3d 863 [2013]). As we find no reason to depart from traditional orderly procedure, Supreme Court’s order denying petitioner’s application will not be disturbed (see People ex rel. Williams v Cunningham, 106 AD3d at 1304).

Lahtinen, J.R, Egan Jr., Devine, Mulvey and Aarons, JJ., concur.

Ordered that the judgment is affirmed, without costs.