THE PEOPLE OF THE STATE OF NEW YORK EX REL JOHN HADDOCK PETITIONER APPELLANT v. SANDRA DOLCE SUPERINTENDENT ORLEANS CORRECTIONAL FACILITY RESPONDENT RESPONDENT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOHN H. HADDOCK, PETITIONER–APPELLANT, v. SANDRA DOLCE, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, RESPONDENT–RESPONDENT.

KAH 15–00620

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ. D.J. & J.A. CIRANDO, ESQS., SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR PETITIONER–APPELLANT. 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:  Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he is being illegally detained on a 2008 conviction in violation of double jeopardy.  We conclude that Supreme Court properly denied his petition.  “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” (People ex rel. Dilbert v. Bradt, 117 AD3d 1498, 1498, lv denied 24 NY3d 902 [internal quotation marks omitted];  see People ex rel. Collins v New York State Dept. of Corr. & Community Supervision, 132 AD3d 1234, 1235, lv denied 26 NY3d 917).  Here, petitioner raised the issue of double jeopardy to the sentencing court and thus could have raised it on his direct appeal, but he failed to do so.

Frances E. Cafarell

Clerk of the Court