THE PEOPLE OF THE STATE OF NEW YORK EX REL DWIGHT DILBERT PETITIONER APPELLANT v. MARK BRADT SUPERINTENDENT ATTICA CORRECTIONAL FACILITY RESPONDENT RESPONDENT (2014)

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 on the ground that the evidence adduced at trial was legally insufficient to support the conviction of murder in the second degree (Penal Law § 125.25[2] [depraved indifference] ) inasmuch as the evidence established that his acts against the victim were intentional and manifested an intent to kill.   We conclude that Supreme Court properly denied the petition.  “ ‘Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion’ “ (People ex rel. Martinez v. Graham, 98 AD3d 1312, 1312, lv denied 20 NY3d 853;  see People ex rel. Smith v. Graham, 109 AD3d 1113, 1113;  People ex rel. Lewis v. Graham, 96 AD3d 1423, 1423, lv denied 19 NY3d 813).

Frances E. Cafarell

Clerk of the Court