THE PEOPLE OF THE STATE OF NEW YORK EX REL DAVID TUSZYNSKI PETITIONER APPELLANT v. SUPERINTENDENT DAVID STALLONE CAYUGA CORRECTIONAL FACILITY RESPONDENT RESPONDENT (2014)

MEMORANDUM AND ORDER

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

Memorandum:  Supreme Court properly denied the petition for a writ of habeas corpus.   Petitioner's contentions were, or could have been, raised on direct appeal from the judgment of conviction or in a motion pursuant to CPL article 440, and thus habeas corpus relief is unavailable (see People ex rel. Montgomery v Artus, 114 AD3d 1171, 1172;  see also People v. Tuszynski, 71 AD3d 1407, lv denied 15 NY3d 810).   Additionally, “petitioner has shown no reason to justify a departure ‘from traditional orderly procedure’ “ (People ex rel. Lanfair v. Corcoran, 60 AD3d 1351, 1351, lv denied 12 NY3d 714;  see People ex rel. Johnson v. Fischer, 69 AD3d 1100, 1101, lv. denied 14 NY3d 707, rearg. denied 15 NY3d 745).   We have reviewed petitioner's contention in his pro se supplemental brief, and we conclude that it also could have been asserted on direct appeal or in a postconviction motion.

Frances E. Cafarell

Clerk of the Court