Opinion
2018-00202 2018-00202
12-04-2019
The PEOPLE, etc., ex rel. Alty Adamson, appellant, v. Thomas GRIFFIN, etc., respondent.
Alty Adamson, Stormville, NY, for appellant. Letitia James, Attorney General, New York, N.Y. (Andrew W. Amend and Amit R. Vora of counsel), for respondent.
Alty Adamson, Stormville, NY, for appellant.
Letitia James, Attorney General, New York, N.Y. (Andrew W. Amend and Amit R. Vora of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Christine A. Sproat, J.), dated November 22, 2017. The judgment, without a hearing, denied the petition and 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, we agree with the Supreme Court's determination that the requested relief was inappropriate (see People ex rel. Gladden v. Griffin, 149 A.D.3d 859, 49 N.Y.S.3d 920 ; People ex rel. Franza v. Connolly , 140 A.D.3d 803, 30 N.Y.S.3d 918 ). The court did not err in denying the defendant's request for the appointment of counsel, as the petitioner failed to make a prima facie showing of need for legal counsel (see People ex rel. Williams v. La Vallee, 19 N.Y.2d 238, 279 N.Y.S.2d 1, 225 N.E.2d 735 ).
CHAMBERS, J.P., MALTESE, LASALLE and CONNOLLY, JJ., concur.