Opinion
KAH 01-01338
May 3, 2002.
Appeal from a judgment (denominated order) of Supreme Court, Seneca County (Bender, J.), entered December 26, 2000, which dismissed the petition seeking a writ of habeas corpus.
LINDA M. CAMPBELL, SYRACUSE, FOR PETITIONER-APPELLANT.
PRESENT: PINE, J.P., HAYES, WISNER, SCUDDER, AND KEHOE, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the petition seeking a writ of habeas corpus. The issue raised in the petition could be raised on direct appeal or by a CPL article 440 motion, and thus the remedy of habeas corpus is not available ( see Matter of Roberts v. County Court of Wyoming County, 39 A.D.2d 246, 252-253, affd 34 N.Y.2d 246; People ex rel. Mancuso v. Herbert, 256 A.D.2d 1158, 1159, lv denied 93 N.Y.2d 809; People ex rel. Abdullah v. Walker, 199 A.D.2d 1074, lv denied 83 N.Y.2d 752; People ex rel. Hannon v. Ryan, 34 A.D.2d 393, 396, lv denied 27 N.Y.2d 487; cf. People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262).