People ex rel. Burr v. Duncan

Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered March 28, 2001 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this proceeding for a writ of habeas corpus asserting that he is unlawfully detained because his certificate of conviction is deficient. We agree with Supreme Court’s determination that, inasmuch as petitioner could have advanced this argument either on his direct appeal or by way of a motion pursuant to CPL article 440 in the court of original jurisdiction,…