People ex rel. Velez v. Artus
Opinion of the Court
In 2003, petitioner was sentenced as a persistent violent felony offender to an aggregate prison term of 15 years to life upon his convictions of assault in the second degree (two counts), criminal possession of a weapon in the third degree,
We affirm. Petitioner’s claims could have been raised on direct appeal or in a CPL article 440 motion and, thus, are not the proper subjects of a habeas corpus proceeding (see People ex rel. King v Bennett, 45 AD3d 1015, 1016 [2007], lv denied 10 NY3d 703 [2008]; People ex rel. Washington v Walsh, 43 AD3d 1217, 1217 [2007], lv denied 9 NY3d 816 [2007]). To the extent that petitioner raises certain claims for the first time on appeal, they are not preserved for our review (see Matter of Woodward v Selsky, 43 AD3d 1209, 1209 [2007]; People ex rel. Persing v Lacy, 276 AD2d 815, 816 [2000]).
Peters, J.P., Spain, Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.