People of the State of New York ex rel Keanu Martinez, Petitioner, v. NYC (2026)

For the reasons that follow, whereas petitioner's Civil Practice Laws and Rules (CPLR) Article 70 application for a writ of habeas corpus is incorrectly directed to the New York City Department of Corrections and whereas habeas corpus relief is, in any event, unavailable, the instant petition for a writ of habeas corpus is dismissed without a hearing.

Procedural History

On June 30, 2025, petitioner was convicted in New York County Supreme Court, Criminal Term, following a jury trial, of four counts of Predatory Sexual Assault (Penal Law §§ 130.95[1B], [2] (two counts each) (Class "A" felony offenses), Kidnapping in the Second Degree (Penal Law § 135.20) (Class "B" felony offense), two counts of Sexual Abuse in the First Degree (Penal Law § 130.65[1]) (Class "D" felony offenses), and related charges.

On August 1, 2025, the court sentenced defendant, as a second violent felony offender, to a term of twenty-years to life in prison on each of the Predatory Sexual Assault counts, a determinate fifteen-year term of imprisonment with twenty-five years of post-release supervision on the second-degree kidnapping count, and a determinate seven-year term of imprisonment with fifteen years of post-release supervision on the first-degree sexual abuse counts. Each of the sentences were imposed concurrently except that two counts of Predatory Sexual Assault (counts six and seven) were imposed consecutively to all other counts.¹

On January 6, 2026, the Appellate Division, First Department remanded to this court a pro se CPLR Article 70 application for a writ of habeas corpus that petitioner had filed in that court, in which he contends that he is being unlawfully detained on Rikers Island for a variety of reasons, including, "discovery violations, unlawful due process, perjury committed by N.Y.P.D, [and] 30.30 violations" (Petition, p. 3).

Conclusions of Law

At the outset, although petitioner's application is directed to the New York City Department of Correction and presumably an associated warden and assistant commissioner, Petitioner is not currently incarcerated on Rikers Island and has not been since his transfer to Five Points Correctional Facility following his sentencing on the underlying indicted case. CPLR § 7004(b) requires that the writ of habeas corpus be "directed to, and the respondent shall be, the person having custody of the person detained." Where, as here, petitioner is not in the custody of the New York City Department of Correction, but instead the New York State Department of Corrections and Community Supervision, the petition is directed to the wrong custodial agency and must be dismissed.

The petition must also be dismissed given that habeas relief is not available to petitioner at this time because the claims raised by petitioner could be raised on direct appeal or by way of a Criminal Procedure Law Article 440 motion (see People ex rel Thomas v Superintendent of Elmire Correctional Facility, 239 AD3d 1159, 1159 [3d Dept 2025] ["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," citing People ex rel Hook v Tedford, 213 AD3d 1065, 1066 [3d Dept 2023] [internal quotation marks and citations omitted]; see also People ex rel Kelsey v Lewin, 203 AD3d 1366 [3d Dept 2022]). "[T]he writ [of habeas corpus] may not be utilized as a substitute for appeal or to again review errors already passed on in an earlier appeal" (People ex rel Keitt v McMann, 18 NY2d 257, 262 [1966]).

Conclusion

Accordingly, for the reasons set forth above, petitioner's application for a writ of habeas

corpus is DISMISSED.

This opinion constitutes the Decision and Order of this court.

Dated: March 26, 2026

New York, New York

Ellen Biben, JSC

FOOTNOTES

1.   A complete list of conviction counts and their respective sentences are found in the Sentence and Commitment located in the Court File. The Sentence and Commitment was amended on August 4, 2025.

Ellen Biben, J.