From Casetext: Smarter Legal Research

People ex Rel. Charles v. DeAngelo

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1999
263 A.D.2d 796 (N.Y. App. Div. 1999)

Opinion

July 22, 1999

Appeal from a judgment of the Supreme Court (Monserrate, J.), entered August 26, 1998 in Broome County, which dismissed petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Dwight Charles, Gowanda, appellant in person.

William L. Gibson, County Attorney (Max T. Raterman of counsel), Binghamton, for respondent.

Before: CARDONA, P.J., MERCURE, CREW III, CARPINELLO and GRAFFEO, JJ.


MEMORANDUM AND ORDER

Petitioner, having pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree, commenced this proceeding for a writ of habeas corpus while still being held in the Broome County Jail, contending, inter alia, that he did not receive effective assistance of counsel and that the People knowingly presented false identification testimony to the Grand Jury, thereby rendering the indictment jurisdictionally defective. Supreme Court dismissed the petition and we affirm. Given that the issues could be raised on a direct appeal or in a motion pursuant to CPL 440.10, we find that habeas corpus relief is unavailable (see, People ex rel. McCallister v. McGinnis, 249 A.D.2d 637, 638;People ex rel. Moore v. Miller, 244 A.D.2d 735, lv denied 91 N.Y.2d 808;People ex rel. Murray v. Bartlett, 234 A.D.2d 828, lv dismissed 89 N.Y.2d 1002). Moreover, absent circumstances warranting a departure from traditional orderly procedure, the application for a writ was properly denied (see, People ex rel. Rodriguez v Kuhlmann, 239 A.D.2d 721, lv denied 90 N.Y.2d 808).

Petitioner is currently serving his sentence in the custody of the Department of Correctional Services.

ORDERED that the judgment is affirmed, without costs.


Summaries of

People ex Rel. Charles v. DeAngelo

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1999
263 A.D.2d 796 (N.Y. App. Div. 1999)
Case details for

People ex Rel. Charles v. DeAngelo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DWIGHT CHARLES, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 22, 1999

Citations

263 A.D.2d 796 (N.Y. App. Div. 1999)
694 N.Y.S.2d 505

Citing Cases

People v. Sabourin

We affirm. Even if the procedural shortcomings in petitioner's pleadings could be overlooked, the issues…

People v. People

In this case, there is a judgment of conviction which, despite petitioner's claims to the contrary, is valid…