Opinion
04-12-2017
The PEOPLE, etc., ex rel. Michael GLADDEN, appellant, v. Thomas GRIFFIN, respondent.
Michael Gladden, Beacon, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Michael Gladden, Beacon, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Kings County (Ingram, J.), entered November 13, 2015, which, without a hearing, denied the petition and, in effect, dismissed the proceeding.ORDERED that the judgment is affirmed, without costs or disbursements.
The contentions raised by the petitioner in support of habeas corpus relief could have been raised on his direct appeal from the judgment of conviction or in a motion pursuant to CPL 440.10. Accordingly, the Supreme Court properly determined that the requested relief was inappropriate (see People ex rel. Franza v. Connolly, 140 A.D.3d 803, 803–804, 30 N.Y.S.3d 918 ; People ex rel. Johnson v. Graham, 67 A.D.3d 1452, 1453, 887 N.Y.S.2d 891 ; People ex rel. Curry v. Girdich, 290 A.D.2d 912, 913, 736 N.Y.S.2d 640 ).
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.