Opinion
June 8, 2001.
(Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Habeas Corpus.)
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied the petition for a writ of habeas corpus. Habeas corpus is not an appropriate remedy where "the contentions raised in the petition `could have been raised on direct appeal or pursuant to CPL article 440'" ( People ex rel. Pangburn v. Hodges, 281 A.D.2d 973, 973-974 [decided Mar. 21, 2001]; see, People ex rel. Kowalczyk v. LeFevre, 70 A.D.2d 745, lv denied 48 N.Y.2d 602). Although petitioner provided an adequate reason for his failure to take a direct appeal, he provided no reason for his failure to raise his contentions by way of a motion pursuant to CPL 440.10.