THE PEOPLE OF THE STATE OF NEW YORK EX REL JUNIOR COLLINS PETITIONER APPELLANT v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION RESPONDENT RESPONDENT (2015)

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, contending that he was improperly sentenced as a persistent violent felony offender.   We conclude that Supreme Court properly denied the petition.  “Habeas corpus relief is unavailable where[, as here,] a claim could have been raised on direct appeal or in a CPL article 440 motion” (People ex rel. Tislon v. Rock, 84 AD3d 1606, 1607, lv denied 17 NY3d 712;  see Matter of Caroselli v. Goord, 269 A.D.2d 706, 706, lv denied 95 N.Y.2d 754).   Indeed, we note that petitioner's contention was in fact raised and rejected on a prior CPL article 440 motion.

Frances E. Cafarell

Clerk of the Court