People v. Cunningham

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered May 15, 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.

Petitioner, an inmate currently incarcerated upon his conviction, after a jury trial, of murder in the second degree and attempted murder in the second degree ( People v. Williams, 88 A.D.2d 983, 451 N.Y.S.2d 787 [1982],lv. denied57 N.Y.2d 690, 454 N.Y.S.2d 1053, 440 N.E.2d 547 [1982] ), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming that the People failed to secure a lawful indictment. Supreme Court denied the application without a hearing. Petitioner appeals, and we affirm. Significantly, “habeas corpus relief is not an appropriate remedy for resolving claims that could have been ... raised on direct appeal or in a postconviction motion” ( People ex rel. Collins v. Billnier, 87 A.D.3d 1208, 1208, 929 N.Y.S.2d 778 [2011],lv. denied18 N.Y.3d 802, 2011 WL 6223058 [2011] [internal quotation marks and citation omitted]; see People ex rel. Cicio v. Rock, 85 A.D.3d 1468, 1469, 926 N.Y.S.2d 685 [2011] ), a situation that prevails even when the claims are ostensibly jurisdictional ( see People ex rel. Burr v. Rock, 93 A.D.3d 977, 977, 939 N.Y.S.2d 730 [2012],lv. denied19 N.Y.3d 806, 2012 WL 2094254 [2012],lv. dismissed19 N.Y.3d 1007, 951 N.Y.S.2d 704, 976 N.E.2d 231 [2012] ). Since petitioner has failed to present a sound reason for a departure from orderly procedure ( see People ex rel. Hemphill v. Rock, 95 A.D.3d 1579, 1579, 944 N.Y.S.2d 710 [2012] ), we perceive no basis to disturb the denial of his application.

ORDERED that the judgment is affirmed, without costs.