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People ex rel. Southard v. Williams

180 A.D.2d 991 Court N.Y. App. Div. Decision date 1992-02-27 English

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p. 991
The People of the State of New York ex rel. David Southard, Appellant, v Frank B. Williams, as County Court Judge of Saratoga County, et al., Respondents.

Appeal from a judgment of the Supreme Court (Brown, J.), entered July 17, 1991 in Saratoga County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding alleging that his guilty plea to attempted escape in the first degree was involuntary. Having failed to pursue in an orderly manner either a timely appeal or relief by way of a CPL article 440 motion, petitioner’s application for habeas corpus relief is inappropriate (see, People ex rel. Woodard v Berry, 143 AD2d 457 , 458, lv denied 73 NY2d 705 ). In addition, the allegations in his petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Grady v LeFevre, 152 AD2d 850 , lv denied 75 NY2d 702 ; People ex rel. Avery v LeFevre, 105 AD2d 1015 ). In any event, there is nothing in the record before this court to show that petitioner’s arguments have merit (see, People ex rel. Rosado v Miles, 138 AD2d 808 ; People v Clickner, 128 AD2d 917 , 919, lv denied 70 NY2d 644 ).

Weiss, P. J., Mikoll, Yesawich Jr. and Levine, JJ., concur. Ordered that the judgment is affirmed, without costs.

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