| People ex rel. Williams v Cunningham |
| 2013 NY Slip Op 03529 [106 AD3d 1303] |
| May 16, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. TimothyWilliams, Appellant, v Raymond Cunningham, as Superintendent ofWoodbourne Correctional Facility, Respondent. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered May 15, 2012 inSullivan County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.
Petitioner, an inmate currently incarcerated upon his conviction, after a jury trial, ofmurder in the second degree and attempted murder in the second degree (People vWilliams, 88 AD2d 983 [1982], lv denied 57 NY2d 690 [1982]),commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claimingthat the People failed to secure a lawful indictment. Supreme Court denied theapplication without a hearing. Petitioner appeals, and we affirm. Significantly, "habeascorpus relief is not an appropriate remedy for resolving claims that could have been. . . raised on direct appeal or in a postconviction motion" (People ex rel. Collins vBillnier, 87 AD3d 1208, 1208 [2011], lv denied 18 NY3d 802 [2011][internal quotation marks and citation omitted]; see People ex rel. Cicio v Rock, 85 AD3d 1468, 1469[2011]), a situation that prevails even when the claims are ostensibly jurisdictional (see People ex rel. Burr v Rock,93 AD3d 977, 977 [2012], lv denied 19 NY3d 806 [2012], lvdismissed 19 NY3d 1007 [2012]). Since petitioner has failed to present a soundreason for a departure from orderly procedure (see People ex rel. Hemphill v Rock, 95 AD3d 1579, 1579[2012]), we perceive no basis to disturb [*2]the denial ofhis application.
Peters, P.J., Lahtinen, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed, without costs.