Opinion
January 9, 1992
Appeal from the Supreme Court, Washington County (Hemmett, Jr., J.).
Petitioner primarily contends that his conviction for various crimes was illegal on double jeopardy grounds. We agree, however, with Supreme Court's determination that, insofar as a direct appeal of petitioner's conviction is pending and because petitioner failed to advance circumstances showing the practicality or necessity for a departure from traditional orderly procedures, habeas corpus relief was inappropriate (see, People ex rel. Webb v. Leonardo, 136 A.D.2d 840; People ex rel. Sanchez v. Hoke, 132 A.D.2d 861). This result applies with equal force to the remaining allegations set forth in the petition (see, People ex rel. Grady v. LeFevre, 152 A.D.2d 850, lv denied 75 N.Y.2d 702).
Mercure, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.