People ex rel. Burr v. Smith

Appeal from a judgment of the Supreme Court (Spargo, J.), entered June 23, 2003 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus asserting that his certificate of conviction is deficient because it failed to reasonably identify his conviction for murder. Supreme Court dismissed the petition and we affirm. Because petitioner could have raised this argument either on his direct appeal or by way of a CPL article 440…