Opinion
December 5, 1991
Appeal from the Supreme Court, Washington County (Berke, J.).
A writ of habeas corpus is not generally available to raise issues which were or could have been raised on direct appeal or by way of a CPL article 440 proceeding (see, People ex rel. Christianson v Berry, 165 A.D.2d 961, lv denied 77 N.Y.2d 805). Given that this is the case here and insofar as the facts do not indicate any circumstances warranting departure from traditional, orderly procedure (see, People ex rel. Avery v LeFevre, 105 A.D.2d 1015), Supreme Court properly denied the application (see also, People ex rel. Shaffer v Kuhlmann, 173 A.D.2d 1034, lv denied 78 N.Y.2d 856).
Mahoney, P.J., Casey, Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed, without costs.