| People ex rel. Mills v Poole |
| 2008 NY Slip Op 07326 [55 AD3d 1289] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York ex rel. Richard F. Mills,Appellant, v Thomas Poole, Superintendent of Five Points Correctional Facility,Respondent. |
—[*1]
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.),entered May 15, 2007. The judgment dismissed the petition for a writ of habeas corpus.
It is hereby ordered that the judgment so appealed from is unanimously affirmed withoutcosts.
Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus. Insupport thereof, he contended that the evidence is legally insufficient to support the convictionof, inter alia, attempted murder in the first degree (Penal Law §§ 110.00, 125.27 [1][a] [i]), that the indictment was procedurally defective, and that he was denied his right to aspeedy trial and his right to effective assistance of counsel. We conclude that Supreme Courtproperly dismissed the petition sua sponte. Those contentions could have been, or were, raised ondirect appeal or by a motion pursuant to CPL article 440, and thus habeas corpus relief isunavailable (see People ex rel. Smith vBurge, 11 AD3d 907 [2004], lv denied 4 NY3d 701 [2004]; People ex rel. Pitts v McCoy, 11 AD3d985 [2004], lv denied 4 NY3d 705 [2005]; People ex rel. Pearson v Garvin,211 AD2d 690 [1995]). Present—Hurlbutt, J.P., Smith, Centra, Fahey and Gorski, JJ.[See 15 Misc 3d 1101(A), 2007 NY Slip Op 50446(U) (2007).]