Opinion
October 13, 1998
Appeal from the Supreme Court, Queens County (Pitaro, J.),
Ordered that the order is affirmed, without costs or disbursements.
The petitioner's contention that his indictment should be dismissed because he was denied his constitutional right to a speedy trial may not be raised in this habeas corpus proceeding, but rather could be raised as an issue on his appeal from his judgment of conviction ( see, People ex rel. Chakwin v. Warden, 63 N.Y.2d 120; People ex rel. McDonald v. Warden, 34 N.Y.2d 554; Matter of Kassebaum v. Ali al-Rahman, 212 A.D.2d 482).
O'Brien, J. P., Thompson, Sullivan and Friedmann, JJ., concur.