Opinion
May 28, 1976
Appeal from the Wyoming County Court.
Present — Moule, J.P., Mahoney, Dillon, Goldman and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a dismissal of a writ of habeas corpus by which he sought to challenge as excessive the sentences imposed after his plea of guilty. However, subsequent to this dismissal, defendant unsuccessfully challenged the sentences on this same ground in his appeal from the judgment of conviction (People v Brooks, 50 A.D.2d 725). Since the propriety of the sentences has already been determined on appeal, habeas corpus may not be used to review again that issue (People ex rel. Keitt v McMann, 18 N.Y.2d 257; People ex rel. White v La Vallee, 47 A.D.2d 982; People ex rel. Thomas v Mancusi, 42 A.D.2d 824).