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THE PEOPLE OF THE STATE OF NEW YORK ex rel. FREDDY CANO, Appellant, v. ROBERT KUHLMANN, as Superintendent of Sulli

MEMORANDUM AND ORDER

Petitioner is serving a lengthy prison sentence as the result of being convicted of multiple sex-related crimes. He commenced this proceeding for a writ of habeas corpus alleging that his detention is unlawful due to procedural and constitutional errors occurring at the time of his arrest and throughout his prosecution and trial. Supreme Court dismissed the application and we affirm.

Because petitioner's arguments would be properly raised by way of a CPL article 440 motion or on his pending appeal from the judgment of conviction, habeas corpus relief is not appropriate (see, People ex rel. Marsh v. Miller, 275 A.D.2d 822, 713 N.Y.S.2d 501; People ex rel. Caroselli v. Goord, 268 A.D.2d 827, 828, lv denied 94 N.Y.2d 765; People ex rel. Hall v. Bennett, 267 A.D.2d 644, lv denied 94 N.Y.2d 762).

ORDERED that the judgment is affirmed, without costs.

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PEOPLE EX REL. CANO v. KUHLMANN
(Dec 14, 2000)