People ex rel. Flores v. Miller — 201 A.D.2d 820

Majority

p. 820

The People of the State of New York ex rel. Roberto Flores, Appellant, v David L. Miller, as Superintendent of Wallkill Correctional Facility, Respondent.

[609 NYS2d 865]

Appeal from a judgment of the Supreme Court (Canfield, J.), entered June 25, 1993 in Ulster County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.

We affirm. Even aside from the apparent procedural difficul

p. 821

ties with the application discussed by Supreme Court, petitioner has not demonstrated a right to relief on the merits. It is well settled that habeas corpus relief is not a proper remedy where the allegations in the petition could have been raised either on direct appeal or by way of a CPL article 440 motion. In the absence of proof warranting a departure from traditional orderly procedure, petitioner’s application for a writ of habeas corpus was properly dismissed.

Cardona, P. J., Mikoll, Crew III, Casey and Weiss, JJ., concur. Ordered that the judgment is affirmed, without costs.