| People ex rel. Backman v Walsh |
| 2012 NY Slip Op 08608 [101 AD3d 1316] |
| December 13, 2012 |
| Appellate Division, Third Department |
| People ex rel. Prince Backman, Appellant, v Jim Walsh, asSuperintendent of Sullivan Correctional Facility, Respondent. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered March 13, 2012 inSullivan County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.
In 1993, petitioner was convicted of murder in the second degree and sentenced to 20 yearsto life in prison. Petitioner's conviction was affirmed on appeal (People v Backman, 248AD2d 164 [1998]). Thereafter, petitioner brought several CPL article 440 motions andcommenced a proceeding seeking a writ of error coram nobis and a federal habeas corpusproceeding, all of which were denied. In 2010, petitioner commenced this proceeding pursuant toCPLR article 70 seeking a writ of habeas corpus claiming that the indictment was defective andthe trial evidence was insufficient to sustain the conviction. Supreme Court denied petitioner'sapplication without a hearing, and petitioner now appeals.
"Habeas corpus relief is not an appropriate remedy for asserting claims that were or couldhave been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional innature" (People ex rel. Hemphill vRock, 95 AD3d 1579, 1579 [2012] [internal quotation marks and citations omitted]; see People ex rel. Chapman v LaClair,64 AD3d 1026, 1026 [2009], lv denied 13 NY3d 712 [2009]). The record disclosesno extraordinary [*2]circumstances that would warrant departurefrom traditional orderly procedure (seePeople ex rel. Collins v Billnier, 87 AD3d 1208, 1209 [2011], lv denied 18NY3d 802 [2011]). Accordingly, there is no basis upon which to disturb the denial of petitioner'sapplication.
Rose, J.P., Lahtinen, Spain, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed, without costs.