| People ex rel. Littlejohn v Griffin |
| 2015 NY Slip Op 08215 [133 AD3d 996] |
| November 12, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York ex rel. AlphonsoLittlejohn, Appellant, v Thomas Griffin, as Superintendent of EasternCorrectional Facility, Respondent. |
Alphonso Littlejohn, Napanoch, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Cahill, J.), entered November 12,2014 in Ulster County, which denied petitioner's application for a writ of habeas corpus,in a proceeding pursuant to CPLR article 70, without a hearing.
In 1999, petitioner was convicted of manslaughter in the first degree and sentenced,as a second felony offender, to 22 years in prison. He commenced this proceeding for awrit of habeas corpus contending that his conviction is invalid because that crime wasnot charged in the indictment. Supreme Court dismissed the petition without a hearingand this appeal ensued.
We affirm. The petition was properly dismissed as habeas corpus relief is unavailablewhere, as here, petitioner's contention could have been raised on direct appeal or in thecontext of a CPL article 440 motion (see People ex rel. Reyes v State of New YorkDept. of Correctional Servs., 288 AD2d 523, 523 [2001], appeal dismissed and lvdenied 97 NY2d 720 [2002]). Contrary to petitioner's assertion, the record disclosesno extraordinary circumstances to warrant a departure from traditional orderly procedure(see People ex rel. Reed vTedford, 110 AD3d 1123, 1123 [2013], appeal dismissed and lv denied22 NY3d 1008 [2013]).
Peters, P.J., Lahtinen, Egan Jr. and Rose, JJ., concur. Ordered that the judgment isaffirmed, without costs.