| People ex rel. Vickery v Griffin |
| 2015 NY Slip Op 00925 [125 AD3d 1018] |
| February 5, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York ex rel. AnthonyVickery, Appellant, v Patrick Griffin, as Superintendent of Sullivan CorrectionalFacility, et al., Respondents. |
Anthony Vickery, Fallsburg, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondents.
James R. Farrell, District Attorney, Monticello (Katy Schlichtman of counsel).
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 15,2013 in Sullivan County, which dismissed petitioner's application, in a proceedingpursuant to CPLR article 70, without a hearing.
Petitioner commenced this proceeding for a writ of habeas corpus alleging variousconstitutional violations in connection with his conviction of criminal sexual act in thefirst degree and seeking release from prison. Supreme Court dismissed the petitionwithout a hearing and petitioner now appeals.
We affirm. The record establishes that petitioner previously submitted an identicalwrit of habeas corpus, which Supreme Court dismissed on jurisdictional grounds, whilealso noting as an alternative ground for dismissal that petitioner's arguments could havebeen raised upon a direct appeal from the judgment of conviction or in a collateralmotion, and this Court affirmed (People ex rel. Vickery v Walsh, 100 AD3d 1116 [2012]).That prior decision is entitled to res judicata effect (see People ex rel. Lee vLaPaglia, 251 AD2d 834, 834 [1998], lv denied 92 NY2d [*2]809 [1998]). Furthermore, even if the issues raised bypetitioner were substantiated, he would not be entitled to immediate release and,therefore, a writ of habeas corpus could not be granted (see id.). Accordingly, wefind no basis to disturb the dismissal of petitioner's application.
Peters, P.J., Garry, Rose and Clark, JJ., concur. Ordered that the judgment isaffirmed, without costs.