People ex rel. Southard v. Williams

Appeal from a judgment of the Supreme Court (Brown, J.), entered July 17, 1991 in Saratoga 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 habeas corpus proceeding alleging that his guilty plea to attempted escape in the first degree was involuntary. Having failed to pursue in an orderly manner either a timely appeal or relief by way of a CPL article 440 motion, petitioner’s application for habeas corpus relief is inappropriate (see, People ex rel. Woodard v Berry, 143 AD2d 457,…