People ex Rel. Davis
v.
Leonardo

Appellate Division of the Supreme Court of New York, Third DepartmentOct 1, 1992
587 N.Y.S.2d 816 (N.Y. App. Div. 1992)
587 N.Y.S.2d 816186 A.D.2d 844

October 1, 1992

Appeal from the Supreme Court, Washington County (Hemmett, Jr., J.).


We find that Supreme Court properly denied petitioner's application for a writ of habeas corpus. Petitioner's allegations concerning his indictment could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Rosado v Miles, 138 A.D.2d 808). Further, the facts alleged by petitioner do not merit a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 A.D.2d 850, lv denied 75 N.Y.2d 702). Were we to consider petitioner's allegation that the indictment was defective and did not serve to convey jurisdiction to County Court because, inter alia, the Grand Jury foreman failed to sign the indictment, we would find that the certified copy of the indictment in the record belies petitioner's claims and establishes that the indictment was valid (see, CPLR 4540 [a]).

Weiss, P.J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.