| People ex rel. Landy v Rock |
| 2009 NY Slip Op 02876 [61 AD3d 1198] |
| April 16, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Dan Landy, Appellant,v David Rock, as Superintendent of Great Meadow Correctional Facility,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Pritzker, J.), entered May 20, 2008 inWashington County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.
Petitioner, who is serving an aggregate prison term of 20 years to life following his 2003conviction of, among other things, burglary in the first degree, commenced this CPLR article 70proceeding seeking a writ of habeas corpus alleging ineffective assistance of counsel,prosecutorial and judicial misconduct, lack of probable cause for his arrest and the denial of hisright to a speedy trial. Petitioner's direct appeal and the denial of his CPL article 440 motion tovacate the judgment of conviction currently are pending in the First Department.
Habeas corpus relief does not lie where, as here, the arguments advanced "would be properlyraised by way of a CPL article 440 motion or on [a] pending appeal from the judgment ofconviction" (People ex rel. Cano v Kuhlmann, 278 AD2d 632, 632 [2000], lvdenied 96 NY2d 707 [2001]; see People ex rel. Malik v State of New York, 58AD3d 1042, 1043 [2009]; People ex rel. Woodard v Lape, 58 AD3d 903, 904 [2009]).Further, our review of the record reveals no extraordinary circumstances that would warrant adeparture from traditional orderly procedure (see People ex rel. Moore v Connolly, 56 AD3d 847, 848 [2008];People ex rel. Hunter v [*2]Buffardi, 15 AD3d 736 [2005]). Accordingly, SupremeCourt's judgment is affirmed.
Mercure, J.P., Rose, Kane, Malone Jr. and Stein, JJ., concur. Ordered that the judgment isaffirmed, without costs.