PRESENT: HONORABLE MARK H. DADD

Acting Supreme Court Justice

STATE OF NEW YORK

SUPREME COURT : COUNTY OF WYOMING

_____________________________________________

The People of the State of New York

ex rel MILTON SILVELS, #94-A-2179,

Relator

O R D E R

v.

Index No. 19,085

VICTOR HERBERT, Superintendent

Attica Correctional Facility, Respondent

____________________________________________

Upon reading and filing relator's petition for a writ of habeas corpus, sworn to on April 8, 2000, and it appearing that the petition is defective on its face for failing to comply with CPLR 7002(c)(1) (see Matter of Tullis v. Kelly, 154 A.D.2d 926 [1989]), and it further appearing that this matter is inappropriate for habeas corpus relief because the relator is attempting to collaterally attack a judgment of conviction rendered in another Court by raising issues which could have been raised by appeal or a proceeding for relief under CPL Article 440 ( see People ex rel Knox v. Smith, 60 A.D.2d 789 [1977], motion for leave to appeal denied 43 N.Y.2d 647; People ex rel Barnes v. Smith, 70 A.D.2d 764 [1979]; motion for leave to appeal denied 48 N.Y.2d 602; People ex rel Thomas v. LeFevre, 102 A.D.2d 925 [1984], motion for leave to appeal denied 63 N.Y.2d 604; People ex rel Overbaugh v. VanZandt, 196 A.D.2d 927 [1993]; People ex rel Woodard v. Berry, 143 A.D.2d 457 [1988], leave denied 73 N.Y.2d 705; People ex rel Rossi v. Bartlett, 192 A.D.2d 995 [1993], appeal dismissed 82 N.Y.2d 844; People ex rel Willette v. Coughlin, 184 A.D.2d 926 [1992], motion for leave to appeal denied 80 N.Y.2d 759; People ex rel Patterson v. Senkowski, 175 A.D.2d 957 (1991), motion for leave to appeal denied 78 N.Y.2d 864; People ex rel Abdullah v. Walker, 199 A.D.2d 1074 [1993], motion for leave to appeal denied 83 N.Y.2d 752; People ex rel Davis v. Leonardo, 186 A.D.2d 844 [1992], motion for leave to appeal denied 81 N.Y.2d 702).

NOW, THEREFORE, it is hereby

ORDERED that the petition is denied in all respects without a hearing.

DATED: August 9, 2000

Warsaw, New York



Acting Supreme Court Justice

TO: Relator

Assistant Attorney General

Wyoming County-Attica Legal Aid Bureau, Inc.

Inmate Records Coordinator, Attica Correctional Facility