Appellate Division of the Supreme Court of New York, 1994

People ex rel. Flores v. Miller

People ex rel. Flores v. Miller
Appellate Division of the Supreme Court of New York · Decided February 10, 1994
201 A.D.2d 820; 609 N.Y.S.2d 865; 1994 N.Y. App. Div. LEXIS 1153
People ex rel. Flores v. Miller

Opinion of the Court

Appeal from a judgment of the Supreme Court (Canfield, J.), entered June 25, 1993 in Ulster County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.

We affirm. Even aside from the apparent procedural difficul*821ties with the application discussed by Supreme Court, petitioner has not demonstrated a right to relief on the merits. It is well settled that habeas corpus relief is not a proper remedy where the allegations in the petition could have been raised either on direct appeal or by way of a CPL article 440 motion. In the absence of proof warranting a departure from traditional orderly procedure, petitioner’s application for a writ of habeas corpus was properly dismissed.

Cardona, P. J., Mikoll, Crew III, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed, without costs.

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