Opinion
September 15, 1994
Appeal from the Supreme Court, Chemung County (Ellison, J.).
We find that petitioner's application was properly denied. Petitioner's contention that his petition should have been granted because his conviction was based upon false evidence could have been raised on direct appeal or in a motion pursuant to CPL 440.10. Further, petitioner alleges no facts which merit a departure from traditional orderly procedure.
Mikoll, J.P., Mercure, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.