Prince Backman, Fallsburg, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Before: ROSE, J.P., LAHTINEN, SPAIN, McCARTHY and GARRY, JJ.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered March 13, 2012 in Sullivan County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In 1993, petitioner was convicted of murder in the second degree and sentenced to 20 years to life in prison. Petitioner's conviction was affirmed on appeal ( People v. Backman, 248 A.D.2d 164, 669 N.Y.S.2d 815 [1998] ). Thereafter, petitioner brought several CPL article 440 motions and commenced a proceeding seeking a writ of error coram nobis and a federal habeas corpus proceeding, all of which were denied. In 2010, petitioner commenced this proceeding pursuant to CPLR article 70 seeking a writ of habeas corpus claiming that the indictment was defective and the trial evidence was insufficient to sustain the conviction. Supreme Court denied petitioner's application without a hearing, and petitioner now appeals.
“Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature” ( People ex rel. Hemphill v. Rock, 95 A.D.3d 1579, 1579, 944 N.Y.S.2d 710 [2012] [internal quotation marks and citations omitted]; see People ex rel. Chapman v. LaClair, 64 A.D.3d 1026, 1026, 882 N.Y.S.2d 758 [2009],lv. denied13 N.Y.3d 712, 2009 WL 4017062 [2009] ). The record discloses no extraordinary circumstances that would warrant departure from traditional orderly procedure ( see People ex rel. Collins v. Billnier, 87 A.D.3d 1208, 1209, 929 N.Y.S.2d 778 [2011],lv. denied18 N.Y.3d 802, 2011 WL 6223058 [2011] ). Accordingly, there is no basis upon which to disturb the denial of petitioner's application.
ORDERED that the judgment is affirmed, without costs.