Opinion
February 10, 1994
Appeal from the Supreme Court, Ulster County (Canfield, J.).
We affirm. Even aside from the apparent procedural difficulties with the application discussed by Supreme Court, petitioner has not demonstrated a right to relief on the merits. It is well settled that habeas corpus relief is not a proper remedy where the allegations in the petition could have been raised either on direct appeal or by way of a CPL article 440 motion. In the absence of proof warranting a departure from traditional orderly procedure, petitioner's application for a writ of habeas corpus was properly dismissed.
Cardona, P.J., Mikoll, Crew III, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed, without costs.