THE PEOPLE OF THE STATE OF NEW YORK EX REL TREVOR FREDERICK PETITIONER APPELLANT v. SUPERINTENDENT AUBURN CORRECTIONAL FACILITY RESPONDENT RESPONDENT (2017)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. TREVOR FREDERICK, PETITIONER–APPELLANT, v. SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT–RESPONDENT.

KAH 17–00488

Decided: December 22, 2017

PRESENT: WHALEN, P.J., SMITH, CARNI, TROUTMAN, AND WINSLOW, JJ.

WILLIAMS, HEINL, MOODY & BUSCHMAN, P.C., AUBURN (RYAN JAMES MULDOON OF COUNSEL), FOR PETITIONER–APPELLANT. TREVOR FREDERICK, PETITIONER–APPELLANT PRO SE. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET OF COUNSEL), FOR RESPONDENT–RESPONDENT.

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 seeking a writ of habeas corpus and dismissed the proceeding. Habeas corpus relief is not an appropriate remedy where, as here, the claim raised by petitioner was or could have been raised on direct appeal or in a proceeding pursuant to CPL article 440 (see People ex rel. Haddock v. Dolce, 149 AD3d 1593, 1593 [4th Dept 2017], lv denied 29 NY3d 917 [2017] ). In addition, inasmuch as petitioner would not be entitled to immediate release even if his present contentions in his main and pro se supplemental briefs had merit, habeas corpus relief was properly denied on that ground as well (see People ex rel. Bagley v. Albaugh, 278 A.D.2d 891, 891–892 [4th Dept 2000], lv denied 96 N.Y.2d 709 [2001] ).

Mark W. Bennett

Clerk of the Court

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