People ex rel. Franza v. Stinson

Petitioner commenced this proceeding pursuant to CPLR article 70 challenging the failure of Supreme Court, New York County to accept a CPL article 440 motion which he attempted to file. Supreme Court, finding that habeas corpus relief was not the proper remedy under the circumstances, denied the petition. Petitioner appeals. It is well settled that habeas corpus relief is only available where a petitioner is entitled to immediate release from custody (see, People ex rel. Pratt v Bowen, 204 AD2d 838; People ex rel. Fisher v Leonardo, 200 AD2d 844, lv denied 83 NY2d 754). In the case at bar,…