Opinion
November 19, 1993
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Denman, P.J., Balio, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Because relator's argument that the indictment was jurisdictionally defective could have been raised on direct appeal or pursuant to CPL article 440, habeas corpus is not an appropriate remedy (see, People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903, affg for reasons stated 67 A.D.2d 587; People ex rel. Van Patten v Walker, 174 A.D.2d 1058; People ex rel. Grady v LeFevre, 152 A.D.2d 850, lv denied 75 N.Y.2d 702; People ex rel. Frazier v Coombe, 87 A.D.2d 904).