| People ex rel. Collins v Billnier |
| 2011 NY Slip Op 06510 [87 AD3d 1208] |
| September 22, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Junior Collins,Appellant, v J.F. Billnier, as Superintendent of Upstate Correctional Facility,Respondent. |
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Appeal (transferred to this Court by order of the Court of Appeals) from a judgment of theSupreme Court (Feldstein, J.), entered August 24, 2009 in Franklin County, which deniedpetitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70,without a hearing.
In 2009, petitioner, an inmate, made application for a writ of habeas corpus seeking releasefrom prison, claiming that his detention is illegal because the penal statute under which he wasconvicted (People v Collins, 287 AD2d 271 [2001]) is unconstitutional. Supreme Courtdenied the application without a hearing. Petitioner's appeal from that denial was originally filedin the Court of Appeals and then transferred to this Court.
We affirm. Notably, "habeas corpus relief is not an appropriate remedy for resolving claimsthat could have been . . . raised on direct appeal or in a postconviction motion" (People ex rel. Lainfiesta v Lape, 83AD3d 1303 [2011], lv denied 17 NY3d 708 [2011]). Inasmuch as petitioner'sconstitutional argument could have been raised in his direct appeal (People v Collins, 287AD2d at 271-272) or federal habeas corpus application (Collins v Artus, 496 F Supp 2d305 [2007]) and was not, habeas corpus relief is unavailable. Moreover, given the absence of"extraordinary circumstances warranting a departure from traditional orderly procedure" (People ex rel. Ragland v Bellnier, 83AD3d 1351, 1352 [2011], lv denied 17 NY3d 706 [2011]), we find no basis todisturb Supreme Court's denial of petitioner's application.[*2]
Peters, J.P., Spain, Lahtinen, Stein and Egan Jr., JJ.,concur. Ordered that the judgment is affirmed, without costs.