People ex rel. Collins v New York State Dept. of Corr. & Community Supervision

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People ex rel. Collins v New York State Dept. of Corr. & Community Supervision 2015 NY Slip Op 07065 Decided on October 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
895 KAH 14-01643

[*1]THE PEOPLE OF THE STATE OF NEW YORK EX REL. JUNIOR COLLINS, PETITIONER-APPELLANT,

v

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.



WYOMING COUNTY-ATTICA LEGAL AID BUREAU, INC., WARSAW (NORMAN P. EFFMAN OF COUNSEL), FOR PETITIONER-APPELLANT.



Appeal from a judgment (denominated order) of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), dated May 12, 2014 in a habeas corpus proceeding. The judgment denied the petition.

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, contending that he was improperly sentenced as a persistent violent felony offender. We conclude that Supreme Court properly denied the petition. "Habeas corpus relief is unavailable where[, as here,] a claim could have been raised on direct appeal or in a CPL article 440 motion" (People ex rel. Tislon v Rock, 84 AD3d 1606, 1607, lv denied 17 NY3d 712; see Matter of Caroselli v Goord, 269 AD2d 706, 706, lv denied 95 NY2d 754). Indeed, we note that petitioner's contention was in fact raised and rejected on a prior CPL article 440 motion.

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court