Opinion
September 15, 1978
Appeal from the Wyoming County Court.
Present — Moule, J.P., Cardamone, Dillon, Hancock, Jr., and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: On this appeal from a dismissal of his writ of habeas corpus without a hearing, relator asserts that the court should have considered the merits of his contention that he was deprived of his right to appear before the Grand Jury under CPL 190.50 (subd 5, par [a]). A writ of habeas corpus can be utilized to review neither claimed errors already passed on in an earlier appeal nor issues which could have been raised on appeal but were not (e.g., People ex rel. Knox v Smith, 60 A.D.2d 789). Inasmuch as the issue raised by relator could have been adequately reviewed on the appeal from his judgment of conviction (see Matter of De Contie v Jefferson County Ct., 40 A.D.2d 619, 620), the writ was properly dismissed.