Opinion
No. KAH 08-00395.
March 20, 2009.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered December 28, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Before: Martoche, J.P., Centra, Fahey and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: We reject the contention of petitioner that Supreme Court erred in dismissing his petition for a writ of habeas corpus. Petitioner's contention in support of the petition with respect to double jeopardy could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 ( see People ex rel. Pitts v McCoy, 11 AD3d 985, lv denied 4 NY3d 705; People ex rel. Hammock v Meloni, 233 AD2d 929, lv denied 89 NY2d 807). Contrary to petitioner's contentions, the petition was properly dismissed in response to respondent's motion ( see CPLR 404 [a]; see also People ex rel. Goude v La Vallee, 42 AD2d 648), and petitioner was afforded meaningful representation by the attorney assigned to represent him in connection with the habeas corpus petition ( see generally People v Benevento, 91 NY2d 708, 712).