Majority
Appeal from a judgment of the Supreme Court (Córtese, J.), entered January 8, 2016 in Clinton County, which, in a proceeding pursuant to CPLR article 70, granted respondent’s motion to dismiss the petition.
Petitioner, who is serving a 25-year prison term pursuant to his 2002 convictions in connection with the robbery of a credit union (People v Golston, 13 AD3d 887 [2004], lv denied 5 NY3d 789 [2005]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending that County Court lacked subject matter jurisdiction over the matter once the trial court judge recused himself, pursuant to Judiciary Law § 14, because of his financial interest in the credit union. Respondent moved to dismiss the petition on the ground that the issue could have been and was raised on direct appeal. Supreme Court granted the motion and this appeal ensued.
We affirm. “Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are
McCarthy, J.P., Lynch, Rose, Devine and Mulvey, JJ., concur.
Ordered that the judgment is affirmed, without costs.
Cases cited
- People v. Golston 13 AD3d 887 p. 1498
- People ex rel. Fulton v. LaValley 100 AD3d 1202 at 1203 p. 1499
- People ex rel. Miller v. Rock 109 AD3d 1062 at 1062 p. 1499