People ex rel. Rosario v. Henderson
| Decision Date | 07 November 1984 |
| Citation | 105 A.D.2d 1065,482 N.Y.S.2d 634 |
| Parties | PEOPLE of the State of New York, ex rel. Narcisco ROSARIO, Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Earle E. Thurston, Jr., Auburn, for appellant.
Robert Abrams, Atty. Gen. by Linda Cohen, Albany, for respondent.
Before DILLON, P.J., and CALLAHAN, DOERR, DENMAN and O'DONNELL, JJ.
Relator commenced this proceeding for a writ of habeas corpus asserting various grounds for granting the writ, including several alleged errors in connection with his trial, as well as subsequent instances of alleged mistreatment by correctional officers. Habeas corpus is not the appropriate remedy. The alleged trial errors could have been reviewed on appeal but were not (People ex rel. Frazier v. Coombe, 87 A.D.2d 904, 449 N.Y.S.2d 347; People ex rel. Gaines v. Jones, 79 A.D.2d 1065, 435 N.Y.S.2d 401; People ex rel. Barnes v. Smith, 70 A.D.2d 764, 417 N.Y.S.2d 539, mot. for lv. to app. den. 48 N.Y.2d 602, 421 N.Y.S.2d 1026, 396 N.E.2d 205; People ex rel. Knox v. Smith, 60 A.D.2d 789, 400 N.Y.S.2d 656, mot. for lv. to app. den. 43 N.Y.2d 647, 403 N.Y.S.2d 1026, 374 N.E.2d 399) and the other asserted grounds could not result in relator's release from prison (People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 431 N.Y.S.2d 518, 409 N.E.2d 990; People ex rel. Malik v. Reynolds, 96 A.D.2d 708, 465 N.Y.S.2d 94, mot. for lv. to app. den. 60 N.Y.2d 558, 458 N.Y.S.2d 385). Nevertheless, we convert the proceeding to one under CPLR Article 78 (CPLR 103, subd. ) and find that Special Term properly dismissed the petition as lacking in merit (People ex rel. Malik v. Reynolds, supra; People ex rel. Boyd v. LeFevre, 92 A.D.2d 1042, 461 N.Y.S.2d 667, mot. for lv. to app. den. 59 N.Y.2d 604, 464 N.Y.S.2d 1025, 451 N.E.2d 504).
Judgment unanimously affirmed.
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