Opinion
November 10, 1986
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The issues raised by relator on his petition for a writ of habeas corpus have previously been reviewed and decided. His claim that his conviction for murder in the second degree resulted from the admission of evidence obtained in violation of his right to counsel was raised on direct appeal and found to be without merit (People v Williams, 91 A.D.2d 1173, lv denied 59 N.Y.2d 680). His claim that he was denied effective assistance of counsel at various stages of the proceedings against him was previously resolved on relator's motion to vacate judgment under CPL 440.10. Leave to appeal to this court was denied on August 5, 1985. In these circumstances, habeas corpus is not an appropriate remedy (People ex rel. Douglas v Vincent, 50 N.Y.2d 901, affg 67 A.D.2d 587; People ex rel. Hall v LeFevre, 92 A.D.2d 956; see, People ex rel. Keitt v McMann, 18 N.Y.2d 257).