People ex rel. Mancuso v. Herbert

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied without a hearing the petition seeking a writ of habeas corpus. A petition should be denied without a hearing “[i]f it appears from the petition or the documents annexed thereto that the person is not illegally detained” (CPLR 7003 [a]). The issues raised by relator concerning the alleged Brady and Rosario violations and the alleged defective Grand Jury proceeding were, or could have been, raised on direct appeal or by a CPL article 440 motion (see, People ex rel. Abdullah v Walker, 199 AD2d 1074 , lv denied 83 NY2d 752 ). In any event, the court properly determined that those issues are meritless (see, People ex rel. Rosado v Miles, 138 AD2d 808 ). Relator’s first and second contentions were raised in CPL article 440 motions and rejected by the Second Department (People v Mancuso, 232 AD2d 658 , lv denied 89 NY2d 944 ) and in an unpublished decision by Supreme Court, Kings County. The court properly found that relator’s third contention regarding an alleged conspiracy between a Supreme Court, Kings County, Justice and an Assistant District Attorney was based on nothing more than speculation. Because a hearing was not held, the contention of relator that he was improperly denied a transcript lacks merit. (Appeal from Judgment of Supreme Court, Erie County, Gorski, J.— Habeas Corpus.) Present — Denman, P. J., Green, Hayes, Balio and Boehm, JJ.