PEOPLE BACKMAN v. WALSH (2012)

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered March 13, 2012 in Sullivan County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1993, petitioner was convicted of murder in the second degree and sentenced to 20 years to life in prison. Petitioner's conviction was affirmed on appeal (People v. Backman, 248 A.D.2d 164 [1998] ). Thereafter, petitioner brought several CPL article 440 motions and commenced a proceeding seeking a writ of error coram nobis and a federal habeas corpus proceeding, all of which were denied. In 2010, petitioner commenced this proceeding pursuant to CPLR article 70 seeking a writ of habeas corpus claiming that the indictment was defective and the trial evidence was insufficient to sustain the conviction. Supreme Court denied petitioner's application without a hearing, and petitioner now appeals.

“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, even if they are jurisdictional in nature” (People ex rel. Hemphill v. Rock, 95 AD3d 1579, 1579 [2012] [internal quotation marks and citations omitted]; see People ex rel. Chapman v. LaClair, 64 AD3d 1026, 1026 [2009], lv denied 13 NY3d 712 [2009] ). The record discloses no extraordinary circumstances that would warrant departure from traditional orderly procedure (see People ex rel. Collins v. Billnier, 87 AD3d 1208, 1209 [2011], lv denied 18 NY3d 802 [2011] ). Accordingly, there is no basis upon which to disturb the denial of petitioner's application.

ORDERED that the judgment is affirmed, without costs.