| People ex rel. Brown v Artus |
| 2009 NY Slip Op 05929 [64 AD3d 1064] |
| July 23, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Edward Brown,Appellant, v Dale Artus, as Superintendent of Clinton Correctional Facility,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered October 27, 2008 inClinton County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.
In 2002, petitioner was convicted by a jury of burglary in the first degree, criminalpossession of a weapon in the third degree, possession of stolen property in the fifth degree andresisting arrest and was sentenced to a minimum prison term of 22 years. Petitioner's convictionswere upheld on direct appeal (People vBrown, 16 AD3d 430, 431 [2005], lv denied 4 NY3d 852 [2005]). Hecommenced this CPLR article 70 proceeding seeking a writ of habeas corpus alleging variousconstitutional violations and certain jurisdictional defects. Supreme Court denied petitioner'sapplication without a hearing, prompting this appeal.
Habeas corpus relief is unavailable where, as here, petitioner's arguments could have beenraised either in the context of a collateral motion or upon a direct appeal from the judgment ofconviction (see People ex rel. Fulton vLape, 61 AD3d 1227, 1227-1228 [2009]). Moreover, a review of the record reflects thatpetitioner has unsuccessfully raised the identical issues in multiple prior state and federal habeascorpus proceedings. Under such circumstances, we [*2]perceiveno basis upon which to depart from traditional orderly procedure and Supreme Court's judgmentis affirmed (see People ex rel. Franza vLape, 61 AD3d 1200, 1200 [2009]).
Cardona, P.J., Peters, Lahtinen, Kavanagh and Garry, JJ., concur. Ordered that the judgmentis affirmed, without costs.