| People ex rel. Latta v Martuscello |
| 2016 NY Slip Op 04755 [140 AD3d 1421] |
| June 16, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York ex rel. DouglasLatta, Appellant, v Daniel F. Martuscello Jr., as Superintendent of CoxsackieCorrectional Facility, Respondent. |
Douglas Latta, Woodbourne, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Tailleur, J.), entered May 11, 2015 inGreene County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, after a hearing.
Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ ofhabeas corpus on the grounds that his conviction for various crimes in 2013 violated theconstitutional prohibition against double jeopardy and that he was denied the right tocounsel during his trial. Supreme Court denied the application following a hearing andpetitioner now appeals.
"It is well settled that habeas corpus relief is not an appropriate remedy for resolvingclaims that could have been or that were raised on direct appeal or in a postconvictionmotion" (People ex rel.Lainfiesta v Lape, 83 AD3d 1303, 1303 [2011], lv denied 17 NY3d 708[2011] [citations omitted]; seePeople ex rel. Berry v LaClair, 65 AD3d 1428, 1428 [2009]; People ex rel.Jackson v McGinnis, 251 AD2d 731, 731 [1998], appeal dismissed and lvdenied 92 NY2d 913 [1998]). Inasmuch as both issues raised here could be raised ondirect appeal or in a CPL article 440 motion, the application for the writ of habeas corpuswas properly denied (see People ex rel. Jackson v McGinnis, 251 AD2d at 731;People ex rel. Murphy v Leonardo, 179 AD2d 848, 848 [1992], lv denied79 NY2d 757 [1992]). Moreover, we find no circumstances warranting a departure fromtraditional orderly procedure (see People ex rel. Fauntleroy v Rock, [*2]113 AD3d 982, 983 [2014], lv denied 22 NY3d 865[2014]).
Peters, P.J., Lahtinen, Garry, Lynch and Mulvey, JJ., concur. Ordered that thejudgment is affirmed, without costs.