Opinion
2014-01-23
The PEOPLE of the State of New York ex rel. Kareem FAUNTLEROY, Appellant, v. David ROCK, as Superintendent of Upstate Correctional Facility, Respondent.
Kareem Fauntleroy, Malone, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Kareem Fauntleroy, Malone, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Lawliss, J.), entered October 2, 2012 in Clinton County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner was convicted in 1996 of numerous crimes, including four counts of murder in the second degree, and is currently serving a lengthy prison sentence. The judgment of conviction was affirmed upon direct appeal, and he has repeatedly and unsuccessfully moved to vacate it pursuant to CPL article 440 (People v. Fauntleroy, 258 A.D.2d 664, 683 N.Y.S.2d 916 [1999], lv. denied93 N.Y.2d 924, 693 N.Y.S.2d 507, 715 N.E.2d 510 [1999] ). He challenges the indictment in this habeas corpus proceeding, arguing that he is innocent and that the failure to identify him by name in each of the counts constitutes a jurisdictional defect. Supreme Court denied the petition, prompting this appeal.
Petitioner's argument could have been raised upon direct appeal or in a CPL article 440 motion, rendering habeas corpus relief inappropriate ( see People ex rel. Riley v. Bradt, 91 A.D.3d 1238, 1238, 936 N.Y.S.2d 921 [2012]; People ex rel. Franza v. Walsh, 76 A.D.3d 1160, 1160, 907 N.Y.S.2d 725 [2010], lv. denied15 N.Y.3d 716, 2010 WL 5157363 [2010], cert. denied ––– U.S. ––––, 131 S.Ct. 3038, 180 L.Ed.2d 858 [2011] ). We perceive no reason to depart from traditional orderly procedure under the circumstances of this case and, thus, affirm ( see id.).
ORDERED that the judgment is affirmed, without costs. PETERS, P.J., ROSE, STEIN and EGAN JR., JJ., concur.