What is the test for a motion for habeas relief in the Superior Court of Justice?

The requirement that a petitioner seeking habeas relief must be "in custody in violation of the Constitution or laws or treaties of the United States" is jurisdictional. Maleng v. Cook, 490 U.S. 488, 490 (1989) (quoting 28 U.S.C. 2254(a)). Thus, federal courts have subject matter jurisdiction to consider habeas petitions by individuals challenging state court criminal judgments only if, at the time the petition is filed, the petitioner is "in custody" under the conviction challenged in the petition. Id. at 492. When a petitioner's sentence has fully expired, he is precluded from challenging that conviction because he is no longer "in custody" for purposes of federal habeas review. Id.