People ex rel. Woodard v. Lape
Opinion of the Court
Appeal from a judgment of the Supreme Court (Lalor, J.), entered September 4, 2007 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner is serving an aggregate prison term of 25 years to life following his 1993 conviction of burglary in the first degree and robbery in the first degree and his 1994 conviction of possession of burglar’s tools. The judgments of conviction were af
Habeas corpus relief does not lie where the arguments advanced could have been raised either upon a direct appeal from the judgment of conviction or in the context of a collateral motion (see People ex rel. Cropper v Taylor, 48 AD3d 852, 853 [2008], lv denied 10 NY3d 710 [2008]; People ex rel. Encarnacion v McGinnis, 2 AD3d 933, 933 [2003], lv denied 1 NY3d 510 [2004]). Inasmuch as the issues presented herein could have been raised either upon petitioner’s direct appeal or in the context of his various CPL article 440 motions, petitioner is not entitled to the relief sought. Accordingly, Supreme Court’s judgment is affirmed.
Mercure, J.P., Spain, Malone Jr., Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.