Opinion
August 20, 1990
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the appeal from the order dated January 23, 1989, is dismissed, without costs or disbursements, as that order was superseded by the order dated February 23, 1989, made upon reargument (see, Gold v Town of N. Hempstead, 142 A.D.2d 550); and it is further,
Ordered that the order dated February 23, 1989, is affirmed insofar as reviewed, without costs or disbursements.
The petitioner's claim that he was wrongfully deprived of his right to appear and testify before the Grand Jury (see, CPL 190.50) and his related claim that he was deprived of the effective assistance of counsel during the time the case was presented to the Grand Jury may be raised on a direct appeal from the judgment of conviction, or by collateral motion before the court which rendered the judgment of conviction (cf., People v Jackson, 119 A.D.2d 587; see also, People v Brown, 45 N.Y.2d 852; CPL 440.10). Therefore, the Supreme Court in Westchester County, where the petitioner is presently incarcerated, properly dismissed this proceeding for a writ of habeas corpus (cf., People ex rel. Keitt v McMann, 18 N.Y.2d 257; see, People ex rel. Nelson v Scully, 119 A.D.2d 709). Brown, J.P., Kooper, Sullivan and Harwood, JJ., concur.