| People ex rel. Jackson v Rock |
| 2009 NY Slip Op 07894 [67 AD3d 1080] |
| November 5, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Vernon Jackson,Appellant, v David Rock, as Superintendent of Great Meadow Correctional Facility,Respondent. |
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Appeal from a judgment of the Supreme Court (Pritzker, J.), entered September 26, 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 is currently serving an aggregate term of 25 years to life in prison upon hisconviction of murder in the second degree and attempted robbery in the second degree. Hisconviction was affirmed on appeal (People v Jackson, 173 AD2d 292 [1991], lvdenied 78 NY2d 968 [1991]). He subsequently commenced the instant proceeding for a writof habeas corpus claiming that the Department of Correctional Services was not in possession ofa valid certificate of conviction pursuant to CPL 380.60 and that the underlying indictment wasjurisdictionally defective because it failed to include his name in the factual allegations. SupremeCourt denied the petition without a hearing. Petitioner now appeals.
We affirm. Inasmuch as petitioner's challenges could have been raised either on direct appealor in a CPL article 440 motion, habeas corpus relief is not the appropriate remedy (see People ex rel. Lewis v Graham, 57AD3d 1508, 1509 [2008], lv denied 12 NY3d 705 [2009]; People ex rel. Spaulding v Napoli, 50AD3d 1330, 1331 [2008]; People ex rel. Green v Smith, 34 [*2]AD3d 910, 911 [2006], lv denied 8 NY3d 806 [2007]).Upon reviewing the record, we find no extraordinary circumstances warranting a departure fromtraditional orderly procedure (seePeople ex rel. Howard v Rock, 61 AD3d 1230, 1231 [2009], lv denied 13 NY3d702 [2009]). Accordingly, Supreme Court properly denied petitioner's application.
Mercure, J.P., Rose, Malone Jr., McCarthy and Garry, JJ., concur. Ordered that the judgmentis affirmed, without costs.