Majority
p. 1093The People of the State of New York ex rel. David P. Harrington, Appellant, v Malcolm R. Cully, Superintendent, Collins Correctional Facility, Respondent. [958 NYS2d 633]
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered September 16, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition seeking a writ of habeas corpus on the ground that he was denied effective assistance of counsel in connection with his plea of guilty. We affirm. It is well established that a petition for habeas corpus relief is not a proper vehicle for raising a contention of ineffective assistance of counsel (see People ex rel. Hinton v Graham, 66 AD3d 1402 , 1402 [2009], lv denied 13
p. 1094
NY3d 934 [2010], rearg denied 14 NY3d 795 [2010]). Even assuming, arguendo, that petitioner’s contention had merit, we would conclude that petitioner is not entitled to the relief sought, i.e., immediate release (see id.; People ex rel. Smith v Burge, 11 AD3d 907 , 908 [2004], lv denied 4 NY3d 701 [2004]; see generally People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 60 NY2d 648 , 649 [1983]). Present—Scudder, P.J., Peradotto, Garni, Whalen and Martoche, JJ.
Cases cited
- People ex rel. Hinton v. Graham 66 AD3d 1402 at 1402 p. 1093
- Ratajczak v. Yoonessi 14 NY3d 795 p. 1094
- People ex rel. Smith v. Burge 11 AD3d 907 at 908 p. 1094
- People ex rel. Kaplan v. Commissioner of Correction 60 NY2d 648 at 649 p. 1094