| People ex rel. Chaney v Dagostino |
| 2016 NY Slip Op 04983 [140 AD3d 1481] |
| June 23, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York ex rel. NakiaChaney, Appellant, v Dominic Dagostino, as Sheriff of Schenectady County,Respondent. |
Nakia Chaney, Johnstown, appellant pro se.
Christopher H. Gardner, County Attorney, Schenectady, for respondent.
Appeal from a judgment of the Supreme Court (Kramer, J.), entered February 9,2015 in Schenectady County, which dismissed petitioner's application, in a proceedingpursuant to CPLR article 70, without a hearing.
Supreme Court properly dismissed petitioner's application for a writ of habeascorpus. The contentions raised by petitioner, including those that are jurisdictional innature, could be raised upon direct appeal of his conviction or in a CPL article 440motion (see People ex rel.Williams v Cunningham, 106 AD3d 1303, 1304 [2013]; People ex rel. Backman vWalsh, 101 AD3d 1316, 1316 [2012], lv denied 20 NY3d 863 [2013]).As we find no reason to depart from traditional orderly procedure, Supreme Court's orderdenying petitioner's application will not be disturbed (see People ex rel. Williams vCunningham, 106 AD3d at 1304).
Lahtinen, J.P., Egan Jr., Devine, Mulvey and Aarons, JJ., concur. Ordered that thejudgment is affirmed, without costs.