People ex rel. Franza v. Connolly

In proceeding for a writ of habeas corpus, the petitioner appeals, as limited by his brief, from so much of an order and judgment (one paper) of the Supreme Court, Dutchess County (Forman, J.), dated January 13, 2015, as granted the respondent’s motion pursuant to CPLR 3211 (a) to dismiss the petition and dismissed the petition.

Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

Since the contentions raised by the petitioner in support of habeas corpus relief could have been raised on direct appeal or in a motion pursuant to CPL 440.10, the…