Opinion
October 1, 1993
Appeal from the Supreme Court, Erie County, Doyle, Jr., J.
Present — Callahan, J.P., Pine, Lawton, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The issues raised by relator in his habeas corpus petition can be raised on his pending direct appeal from the judgment of conviction or by way of a CPL article 440 motion. Thus, Supreme Court properly dismissed relator's petition (see, People ex rel. Goss v. Smith, 116 A.D.2d 968, 969, affd 69 N.Y.2d 727; People ex rel. Douglas v Vincent, 67 A.D.2d 587, 589, affd 50 N.Y.2d 901; People ex rel. Van Patten v. Walker, 174 A.D.2d 1058).