Opinion
December 27, 2000.
Appeal from Judgment of Supreme Court, Cayuga County, Corning, J. — Habeas Corpus.
PRESENT: WISNER, J. P., HURLBUTT, SCUDDER AND KEHOE, JJ.
Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the petition seeking a writ of habeas corpus. The issues raised therein either were raised or could have been raised on defendant's prior direct appeal or by a postjudgment motion pursuant to CPL article 440 ( see, People ex rel. Johnson v. Walker, 262 A.D.2d 1005, lv denied 93 N.Y.2d 818, cert denied 528 U.S. 1165, 120 S.Ct. 1183; People ex rel. Batista v. Walker, 198 A.D.2d 865, lv denied 83 N.Y.2d 752).