| People ex rel. Velez v Artus |
| 2008 NY Slip Op 02715 [49 AD3d 1109] |
| March 27, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Michael-Tony Velez,Appellant, v Dale Artus, as Superintendent of Clinton Correctional Facility,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered June 15, 2007 inClinton County, which denied petitioner's application for a writ of habeas corpus, in a proceedingpursuant to CPLR article 70, without a hearing.
In 2003, petitioner was sentenced as a persistent violent felony offender to an aggregateprison term of 15 years to life upon his convictions of assault in the second degree (two counts),criminal possession of a weapon in the third degree, criminal possession of a controlledsubstance in the fifth degree and criminal possession of a controlled substance in the seventhdegree. His convictions were affirmed upon appeal (People v Velez, 21 AD3d 262 [2005], lv denied 6 NY3d760 [2005]) and his subsequent application for a federal writ of habeas corpus was denied(Velez v Ercole, 2006 WL 2742046, 2006 US Dist LEXIS 71100 [SD NY 2006]).Thereafter, petitioner commenced the instant CPLR article 70 proceeding seeking a writ ofhabeas corpus, alleging, among other things, that the evidence presented at trial was legallyinsufficient to support the convictions. Supreme Court denied the application without a hearing,prompting this appeal.
We affirm. Petitioner's claims could have been raised on direct appeal or in a CPL article 440motion and, thus, are not the proper subjects of a habeas corpus proceeding (see [*2]People ex rel. King v Bennett, 45 AD3d 1015, 1016[2007], lv denied 10 NY3d 703 [2008]; People ex rel. Washington v Walsh, 43 AD3d 1217, 1217 [2007],lv denied 9 NY3d 816 [2007]). To the extent that petitioner raises certain claims for thefirst time on appeal, they are not preserved for our review (see Matter of Woodward v Selsky, 43 AD3d 1209, 1209 [2007];People ex rel. Persing v Lacy, 276 AD2d 815, 816 [2000]).
Peters, J.P., Spain, Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment isaffirmed, without costs.