At a term of Supreme Court held in and
for the County of Wyoming, in Warsaw, New York, on the 9th day
of August, 2000.
PRESENT: HONORABLE MARK H. DADD
Acting Supreme Court Justice
STATE OF NEW YORK
SUPREME COURT : COUNTY OF WYOMING
_____________________________________________
The People of the State of New York
ex rel MILTON SILVELS, #94-A-2179,
Relator
O R D E R
v.
Index No. 19,085
VICTOR HERBERT, Superintendent
Attica Correctional Facility, Respondent
____________________________________________
Upon reading and filing relator's petition for a writ of habeas corpus, sworn to on April 8, 2000, and it appearing that the petition is defective on its face for failing to comply with CPLR 7002(c)(1) (see Matter of Tullis v. Kelly, 154 A.D.2d 926 [1989]), and it further appearing that this matter is inappropriate for habeas corpus relief because the relator is attempting to collaterally attack a judgment of conviction rendered in another Court by raising issues which could have been raised by appeal or a proceeding for relief under CPL Article 440 ( see People ex rel Knox v. Smith, 60 A.D.2d 789 [1977], motion for leave to appeal denied 43 N.Y.2d 647; People ex rel Barnes v. Smith, 70 A.D.2d 764 [1979]; motion for leave to appeal denied 48 N.Y.2d 602; People ex rel Thomas v. LeFevre, 102 A.D.2d 925 [1984], motion for leave to appeal denied 63 N.Y.2d 604; People ex rel Overbaugh v. VanZandt, 196 A.D.2d 927 [1993]; People ex rel Woodard v. Berry, 143 A.D.2d 457 [1988], leave denied 73 N.Y.2d 705; People ex rel Rossi v. Bartlett, 192 A.D.2d 995 [1993], appeal dismissed 82 N.Y.2d 844; People ex rel Willette v. Coughlin, 184 A.D.2d 926 [1992], motion for leave to appeal denied 80 N.Y.2d 759; People ex rel Patterson v. Senkowski, 175 A.D.2d 957 (1991), motion for leave to appeal denied 78 N.Y.2d 864; People ex rel Abdullah v. Walker, 199 A.D.2d 1074 [1993], motion for leave to appeal denied 83 N.Y.2d 752; People ex rel Davis v. Leonardo, 186 A.D.2d 844 [1992], motion for leave to appeal denied 81 N.Y.2d 702).
NOW, THEREFORE, it is hereby
ORDERED that the petition is denied in all respects without a hearing.
DATED: August 9, 2000
Warsaw, New York
Acting Supreme Court Justice
TO: Relator
Assistant Attorney General
Wyoming County-Attica Legal Aid Bureau, Inc.
Inmate Records Coordinator, Attica Correctional Facility