Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE of the State of New York ex rel. Gerald A. LANFAIR, Petitioner-Appellant, v. Michael CORCORAN, Superintendent, Cayuga Correctional Facility, Respondent-Respondent.
Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that the amended indictment underlying his conviction is jurisdictionally defective. Supreme Court properly dismissed the petition. Petitioner could have raised his challenge to the amended indictment on his direct appeal from the judgment of conviction or by way of a motion pursuant to CPL 440.10, and thus habeas corpus relief is not available (see People ex rel. Curry v. Girdich, 290 A.D.2d 912, 913, 736 N.Y.S.2d 640, lv. denied 98 N.Y.2d 602, 744 N.Y.S.2d 762, 771 N.E.2d 835; People ex rel. Gonzalez v. Bennett, 263 A.D.2d 565, 693 N.Y.S.2d 263, lv. denied 94 N.Y.2d 753, 700 N.Y.S.2d 427, 722 N.E.2d 507). Further, petitioner has shown no reason to justify a departure “from traditional orderly procedure” (People ex rel. Brown v. Commissioner of N.Y. State Dept. of Correctional Servs., 252 A.D.2d 602, 673 N.Y.S.2d 620). The contention of petitioner in his pro se supplemental brief that he was denied effective assistance of appellate counsel on his direct appeal is not preserved for our review (see People ex rel. Velez v. Artus, 49 A.D.3d 1109, 1110, 856 N.Y.S.2d 891, lv. denied 10 N.Y.3d 716, 862 N.Y.S.2d 337, 892 N.E.2d 403, rearg. denied 11 N.Y.3d 772, 866 N.Y.S.2d 599, 896 N.E.2d 84), and in any event would not provide a basis for habeas corpus relief (see People ex rel. Rios v. Irvin, 256 A.D.2d 1169, 683 N.Y.S.2d 444, lv. denied 93 N.Y.2d 816, 697 N.Y.S.2d 564, 719 N.E.2d 925; People ex rel. Hendy v. Leonardo, 173 A.D.2d 992, 569 N.Y.S.2d 510, lv. denied 78 N.Y.2d 857, 574 N.Y.S.2d 938, 580 N.E.2d 410, rearg. dismissed 82 N.Y.2d 703, 601 N.Y.S.2d 577, 619 N.E.2d 655).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
MEMORANDUM:
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: March 20, 2009
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)