Opinion
No. KAH 08-01156.
October 2, 2009.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (M. William Boller, A.J.), entered March 10, 2008. The judgment dismissed the petition for a writ of habeas corpus.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR PETITIONER-APPELLANT.
Present: Hurlbutt, J.P., Fahey, Peradotto, Green and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus. The contentions of petitioner could have been raised on his direct appeal from the judgment of conviction or by way of a CPL 440.10 motion, and thus habeas corpus relief is not available ( see People ex rel. Lanfair v Corcoran, 60 AD3d 1351, lv denied 12 NY3d 714; People ex rel. Smith v Burge, 11 AD3d 907, lv denied 4 NY3d 701).