Opinion
September 22, 1994
Appeal from the Supreme Court, Sullivan County (Kane, J.).
Habeas corpus is not an appropriate remedy where the issue presented could have been raised on direct appeal or in a motion pursuant to CPL article 440. Here, petitioner's contention concerning his indictment could have been raised in such a manner, and in fact was the subject of an unsuccessful motion pursuant to CPL article 440. Further, the facts of this case do not merit a departure from traditional orderly procedure. We therefore find no error in Supreme Court's dismissal of petitioner's application.
Cardona, P.J., Mikoll, Mercure, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.