| People ex rel. Flemming v Rock |
| 2013 NY Slip Op 06797 [110 AD3d 533] |
| October 17, 2013 |
| 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. Woodrow
Flemming, Appellant, v David Rock, Respondent. |
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Eric T. Schneiderman, Attorney General, New York (Patrick J.
Walsh of counsel), for respondent.
Order, Supreme Court, New York County (Larry Stephen, J.), entered January 24, 2012, which denied petitioner's application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.
The petition was improperly brought in a county other than the county of incarceration (see People ex rel. Harris v Conway, 48 AD3d 353 [1st Dept 2008], appeal dismissed, lv denied 10 NY3d 884 [2008]). Furthermore, to the extent the petition raises claims that could have been raised on direct appeal or in a CPL article 440 motion, habeas corpus relief is not available (People ex rel. Ragland v Bellnier, 83 AD3d 1351 [3d Dept 2011], lv denied 17 NY3d 706 [2011]), and such claims are unavailing in any event. "[A] writ of habeas corpus is not an appropriate vehicle for raising a claim of ineffective assistance of appellate counsel" (People ex rel. Grant v Scully, 190 AD2d 543, 544 [1st Dept 1993], appeal dismissed 92 NY2d 946 [1998]). Concur—Acosta, J.P., Saxe, Renwick, DeGrasse and Richter, JJ.