PEOPLE EX REL. HEMPHILL v. ROCK

513112.

95 A.D.3d 1579 (2012)

944 N.Y.S.2d 710

2012 NY Slip Op 4056

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN HEMPHILL, Appellant, v. DAVID A. ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 24, 2012.


Petitioner, an inmate, commenced this CPLR article 70 proceeding seeking a writ of habeas corpus claiming, among other things, that his arrest was unlawful and the underlying indictment is flawed. Supreme Court denied the application without a hearing. Petitioner appeals, and 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 440 motion, even if they are jurisdictional in nature...

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