Opinion
December 28, 1970
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, dated February 21, 1969, which dismissed the writ. Judgment affirmed, without costs. The bulk of the matters raised by relator deals with errors committed at his trial and to the sufficiency of certain aspects of the proof adduced. They are therefore not properly raised in this habeas corpus proceeding ( People ex rel. Rohrlich v. Follette, 20 N.Y.2d 297, 301). The alleged illegality of relator's arrest, even if proved, would not entitle him to post-conviction relief ( People v. Grant, 16 N.Y.2d 722; People ex rel. Garcia v. Warden, 28 A.D.2d 682). Relator's contention that he was deprived of the right to counsel at his lineup identification was raised on the appeal from the judgment of conviction and, by our affirmance of that judgment, implicitly rejected ( People v. Hampton, 34 A.D.2d 893). Christ, P.J., Munder, Martuscello, Latham and Benjamin, JJ., concur.