| People ex rel. Harris v Conway |
| 2008 NY Slip Op 01642 [48 AD3d 353] |
| February 26, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. Yusuf Harris,
Appellant, v James T. Conway, as Superintendent of Attica Correctional Facility, et al., Respondents. |
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Robert M. Morgenthau, District Attorney, New York (Michael S. Morgan of counsel), for
respondent.
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 meritless in any event. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.