Appellate Division of the Supreme Court of New York, 1991

People ex rel. Hendy v. Leonardo

People ex rel. Hendy v. Leonardo
Appellate Division of the Supreme Court of New York · Decided May 9, 1991
173 A.D.2d 992; 569 N.Y.S.2d 510; 1991 N.Y. App. Div. LEXIS 7557
People ex rel. Hendy v. Leonardo

Opinion of the Court

Appeal from a judgment of the Supreme Court (Berke, J.), entered August 23, 1990 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Supreme Court properly denied petitioner’s application for a writ of habeas corpus insofar as his allegations concerning his indictment and conviction were or could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Rosado v Miles, 138 AD2d 808). In addition, the allegations in his petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 AD2d 850, lv denied 75 NY2d 702). Finally, it is well settled that a writ of habeas corpus is an improper vehicle for testing a claim of ineffective assistance of appellate counsel (see, People ex rel. Grant v Scully, 133 AD2d 359).

Judgment affirmed, without costs. Casey, J. P., Mikoll, Yesawich, Jr., Mercure and Crew III, JJ., concur.

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