| People ex rel. Maye v Schenectady County Ct. |
| 2009 NY Slip Op 05232 [63 AD3d 1471] |
| June 25, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Fredric Maye,Appellant, v Schenectady County Court et al., Respondents. |
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Appeal from a judgment of the Supreme Court (Lalor, J.), entered September 8, 2008 inGreene County, which denied petitioner's application for a writ of habeas corpus, in a proceedingpursuant to CPLR article 70, without a hearing.
In 2006, petitioner pleaded guilty to attempted criminal sale of a controlled substance in thethird degree and waived his right to appeal. When he failed to complete a substance abusetreatment program that would have entitled him to withdraw his plea, he was sentenced as asecond felony offender to six years in prison, to be followed by three to five years of postreleasesupervision. Petitioner appealed his conviction and it was upheld by this Court (People v Maye, 45 AD3d 1110[2007], lv denied 10 NY3d 866 [2008]). He also made a CPL article 440 motion, whichresulted in the postrelease supervision portion of his sentence being reduced to 1½ years.Petitioner then brought the instant application for a writ of habeas corpus, which was deniedwithout a hearing. He now appeals.
We affirm. In his application for habeas corpus relief, petitioner challenges the legality of hissentence and the voluntariness of his plea. Inasmuch as these claims were or could have beenraised in his direct appeal or CPL article 440 motion, habeas corpus relief is unavailable (see People ex rel. Carpenter vCorcoran, 46 AD3d 1468, 1468 [2007], lv denied 10 NY3d 706 [2008]; People ex rel. Washington v Walsh, 43AD3d 1217, 1217 [2007], lv denied 9 NY3d 816 [2007]). Additionally, even if theseclaims were found to have merit, petitioner would not be entitled to immediate release fromprison (see People ex rel. Black v NewYork State Bd. of Parole, 54 AD3d 1077, 1078 [2008]; People ex rel. Washington vWalsh, 43 AD3d at 1217). [*2]Therefore, the petition wasproperly denied.
Mercure, J.P., Peters, Lahtinen, Kane and Stein, JJ., concur. Ordered that the judgment isaffirmed, without costs.