| People ex rel. Carpenter v Corcoran |
| 2007 NY Slip Op 10369 [46 AD3d 1468] |
| December 21, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York ex rel. Frederic C. Carpenter,Appellant, v Michael Corcoran, Respondent. |
—[*1] Frederic C. Carpenter, petitioner-appellant pro se. Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), forrespondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (PeterE. Corning, A.J.), entered May 11, 2006 in a habeas corpus proceeding. The judgment denied thepetition.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed without costs.
Memorandum: Petitioner appeals from a judgment denying his petition seeking a writ ofhabeas corpus. We affirm. According to petitioner, the supervision of his probation was notproperly transferred from New York County to Cortland County, and Cortland County Courttherefore lacked jurisdiction to sentence petitioner after he violated the terms of his probation.Habeas corpus relief is unavailable, however, inasmuch as the petition raises issues that couldhave been raised on petitioner's direct appeal and, indeed, were raised by petitioner in hismotions pursuant to CPL 440.10 (seee.g. People ex rel. Elkady v Conway, 41 AD3d 1176 [2007], lv denied 9 NY3d809 [2007]; People ex rel. Lyons vConway, 32 AD3d 1324 [2006], lv denied 8 NY3d 802 [2007]; People exrel. Gloss v Costello, 309 AD2d 1160 [2003], lv denied 1 NY3d 504 [2003]).Present—Hurlbutt, J.P., Martoche, Smith, Peradotto and Pine, JJ.