People ex rel. Johnson v. Walker

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus because the issues were raised or could have been raised on defendant’s prior direct appeals or by a postjudgment motion pursuant to CPL article 440 (see, People v Johnson, 211 AD2d 826 , lv dismissed 85 NY2d 939 ; People v Johnson, 181 AD2d 914 , lv denied 80 NY2d 833 , cert denied 511 US 1037 ; People v Johnson, 176 AD2d 756 ; People v Johnson, 163 AD2d 613 , lv denied 76 NY2d 940 ; see generally, People ex rel. St. Germain v Walker, 202 AD2d 1053 , lv denied 83 NY2d 758 ). Furthermore, because the issues raised herein were determined by the Third Department in People ex rel. Johnson v Stinson ( 233 AD2d 634 , lv denied 89 NY2d 807 , lv dismissed 89 NY2d 1030 , rearg denied 89 NY2d 1030 , rearg dismissed 90 NY2d 831 ), this proceeding is barred by res judicata and collateral estoppel (see, People ex rel. Hatzman v