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The PEOPLE of the State of New York ex rel. John HEMPHILL, Appellant, v. Da

John Hemphill, Malone, appellant pro se.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered July 8, 2011 in Franklin 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, commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming, among other things, that his arrest was unlawful and the underlying indictment is flawed. Supreme Court denied the application without a hearing. Petitioner appeals, and we affirm. “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. Burr v. Rock, 93 A.D.3d 977, 939 N.Y.S.2d 730 [2012] [citations omitted]; see People ex rel. Lainfiesta v. Lape, 83 A.D.3d 1303, 1303, 922 N.Y.S.2d 591 [2011],lv. denied17 N.Y.3d 708, 2011 WL 4030045 [2011]. Inasmuch as no sound reason to depart from traditional orderly procedure has been presented ( 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] ), we find no basis to disturb the denial of petitioner's application.

ORDERED that the judgment is affirmed, without costs. PETERS, P.J., SPAIN, MALONE JR., McCARTHY and GARRY, JJ., concur.

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People ex rel. Hemphill v. Rock
(May 24, 2012)