| People ex rel. McNeil v Bradt |
| 2011 NY Slip Op 06614 [87 AD3d 1239] |
| September 29, 2011 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. Rodney McNeil, Appellant, v Mark L. Bradt, as Superintendent of Elmira Correctional Facility, Respondent. |
—[*1]
Eric T. Schneiderman, Attorney General, Albany (Marlene O. Tuczinski of counsel), for
respondent.
Appeal from a judgment of the Supreme Court (Hayden, J.), entered December 21, 2010 in Chemung County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In 2008, petitioner was convicted of various crimes, including attempted murder in the second degree, and a lengthy sentence was imposed. On appeal, his convictions were upheld (People v McNeill, 73 AD3d 504 [2010], lv denied 15 NY3d 922 [2010]).[FN*] Thereafter, petitioner brought this application for a writ of habeas corpus pursuant to CPLR article 70. Supreme Court denied the application without a hearing, and this appeal ensued.
Petitioner asserts that he is unlawfully detained due to jurisdictional defects in the criminal proceedings that resulted in his conviction and incarceration. However, because [*2]petitioner could have raised such claims on direct appeal or in a CPL article 440 motion, habeas corpus relief is not the appropriate remedy and we find no basis to depart from traditional orderly procedure (see People ex rel. Rosado v Napoli, 83 AD3d 1347, 1347 [2011], lv denied 17 NY3d 710 [2011]; People ex rel. Lopez v People, 79 AD3d 1555, 1556 [2010]; People ex rel. Jackson v Rock, 67 AD3d 1080 [2009], lv denied 14 NY3d 704 [2010]). Accordingly, Supreme Court properly denied petitioner's application.
Mercure, J.P., Peters, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed, without costs.