Opinion
04-28-2017
The PEOPLE of the State of New York ex rel. John H. HADDOCK, Petitioner–Appellant, v. Sandra DOLCE, Superintendent, Orleans Correctional Facility, Respondent–Respondent.
D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of Counsel), for petitioner-appellant. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for respondent-respondent.
D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of Counsel), for petitioner-appellant.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for respondent-respondent.
MEMORANDUM:
Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he is being illegally detained on a 2008 conviction in violation of double jeopardy. We conclude that Supreme Court properly denied his petition. "Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion" (People ex rel. Dilbert v. Bradt, 117 A.D.3d 1498, 1498, 984 N.Y.S.2d 902, lv. denied 24 N.Y.3d 902, 2014 WL 4356170 [internal quotation marks omitted]; see People ex rel. Collins v. New York State Dept. of Corr. & Community Supervision, 132 A.D.3d 1234, 1235, 17 N.Y.S.3d 347, lv. denied 26 N.Y.3d 917, 2016 WL 530900 ). Here, petitioner raised the issue of double jeopardy to the sentencing court and thus could have raised it on his direct appeal, but he failed to do so.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
WHALEN, P.J., CARNI, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.