Opinion
2012-09-28
The PEOPLE of the State of New York ex rel. Manuel MARTINEZ, Petitioner–Appellant, v. Harold D. GRAHAM, Superintendent, Auburn Correctional Facility, Respondent–Respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered August 18, 2011 in a habeas corpus proceeding. The judgment dismissed the petition. Charles A. Marangola, Moravia, for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Marlene O. Tuczinski of Counsel), for Respondent–Respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered August 18, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.
Charles A. Marangola, Moravia, for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Marlene O. Tuczinski of Counsel), for Respondent–Respondent.
MEMORANDUM:
Supreme Court properly dismissed the petition in this habeas corpus proceeding. Petitioner sought that relief based on his contention that the court in which he was convicted lacked personal jurisdiction over him. “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, even if they are jurisdictional in nature ... CPL 440.10(1)(a) specifically authorizes a motion to vacate a judgment upon the ground that the court did not have jurisdiction of the defendant” ( People ex rel. Burr v. Rock, 93 A.D.3d 977, 977–978, 939 N.Y.S.2d 730,lv. denied19 N.Y.3d 806, 949 N.Y.S.2d 343, 972 N.E.2d 508;see People ex rel. Forsythe v. Poole, 56 A.D.3d 1239, 1239–1240, 866 N.Y.S.2d 896,lv. denied12 N.Y.3d 701, 876 N.Y.S.2d 348, 904 N.E.2d 503;People ex rel. Minter v. Eisenschmidt, 294 A.D.2d 939, 939–940, 741 N.Y.S.2d 781,lv. denied98 N.Y.2d 609, 746 N.Y.S.2d 692, 774 N.E.2d 757).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.