People ex rel. Harris v. Conway

48 A.D.3d 353, 851 N.Y.S.2d 352

Opinion

Order, Supreme Court, New York County (Brenda Soloff, J.), entered on or about June 22, 2007, which denied petitioner’s application for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.

The petition was improperly brought in a county other than the county of incarceration (see Matter of Hogan v Culkin, 18 NY2d 330 [1966]). Furthermore, petitioner’s challenge to the validity of his criminal conviction may not be raised by way of habeas corpus (see e.g. People ex rel. Grant v Scully, 190 AD2d 543 [1993], appeal dismissed 92 NY2d 946 [1998]), and is merit-less in any event. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.