| People ex rel. Cropper v Taylor |
| 2008 NY Slip Op 01050 [48 AD3d 852] |
| February 7, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Walter Cropper,Appellant, v Justin Taylor, as Superintendent of Gouverneur Correctional Facility,Respondent. |
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Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 3, 2007 in St.Lawrence County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.
In 1992, petitioner was convicted of rape in the first degree, two counts of sodomy in the firstdegree, assault in the second degree and criminal possession of a weapon in the fourth degree.His conviction was affirmed upon appeal (People v Cropper, 202 AD2d 603 [1994],lv denied 84 NY2d 824 [1994]) and his subsequent motion pursuant to CPL article 440was denied, as was his application for a writ of error coram nobis (People v Cropper, 242AD2d 388 [1997]). Petitioner filed the instant application for a writ of habeas corpus alleging,among other things, that his arrest was the result of an illegal automobile stop and that he wasnever advised of his Miranda rights. Supreme Court denied the application, without ahearing, and petitioner now appeals.
A review of the petition reveals no issue that could not have been raised on direct appeal orin a collateral motion and, as such, his claims are not the proper subjects of this habeas corpusproceeding (see People ex rel. King vBennett, 45 AD3d 1015, 1016 [2007]; People ex rel. Washington v Walsh, 43 AD3d 1217 [2007], lvdenied 9 NY3d 816 [2007]). Moreover, inasmuch as petitioner would not be entitled toimmediate release from prison even if his claims were successful, habeas corpus relief isunavailable here (see People ex rel. King v Bennett, supra; People ex rel. McDermott v Artus, 38AD3d 957, 958 [2007], lv denied 8 NY3d 814 [2007]). Accordingly, we affirm.
Mercure, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that thejudgment is affirmed, without costs.