PEOPLE EX REL KELLY v. TITUS (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus pursuant to CPLR article 70, contending, inter alia, that he was improperly permitted to plead guilty while his CPL 30.30 speedy trial motion was pending. We conclude that Supreme Court properly dismissed the petition inasmuch as petitioner's contentions were or could have been raised on direct appeal or by a motion pursuant to CPL article 440 (see People ex rel. Frederick v. Superintendent, Auburn Corr. Facility, 156 A.D.3d 1468, 1468, 65 N.Y.S.3d 877 [4th Dept. 2017], lv denied 31 N.Y.3d 908, 2018 WL 2727903 [2018], lv dismissed 32 N.Y.3d 1218, 98 N.Y.S.3d 761, 122 N.E.3d 559 [2019]; People ex rel. Haddock v. Dolce, 149 A.D.3d 1593, 1593, 51 N.Y.S.3d 470 [4th Dept. 2017], lv denied 29 N.Y.3d 917, 2017 WL 3878099 [2017]; People ex rel. Mills v. Poole, 55 A.D.3d 1289, 1290, 864 N.Y.S.2d 364 [4th Dept. 2008], lv denied 11 N.Y.3d 712, 872 N.Y.S.2d 717, 901 N.E.2d 208 [2008]). Further, the allegations in the petition do not warrant departure from traditional orderly procedure (see People ex rel. Cole v. Graham, 147 A.D.3d 1350, 1351, 47 N.Y.S.3d 178 [4th Dept. 2017], lv denied 29 N.Y.3d 914, 2017 WL 2743288 [2017]; People ex rel. Lifrieri v. Lee, 116 A.D.3d 720, 720, 982 N.Y.S.2d 782 [2d Dept. 2014], lv dismissed 24 N.Y.3d 952, 994 N.Y.S.2d 52, 18 N.E.3d 754 [2014], rearg denied 24 N.Y.3d 1039, 998 N.Y.S.2d 163, 22 N.E.3d 1031 [2014]; People ex rel. Hammock v. Meloni, 233 A.D.2d 929, 929, 649 N.Y.S.2d 873 [4th Dept. 1996], lv denied 89 N.Y.2d 807, 654 N.Y.S.2d 717, 677 N.E.2d 289 [1997]).

We have considered petitioner's remaining contention and conclude that it does not warrant reversal or modification of the judgment.