Opinion
May 23, 1994
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Since all of the petitioner's contentions could have been reviewed on a direct appeal from his judgment of conviction, they are not subject to review by a habeas corpus proceeding (see, People ex rel. Govan v. Waldron, 175 A.D.2d 820). The proceeding was, therefore, properly dismissed without a hearing (see, People ex rel. Morgan v. Berry, 149 A.D.2d 752; People ex rel. McNair v. Bantum, 123 A.D.2d 800). Furthermore, the facts of this case do not indicate that there was a violation of the petitioner's fundamental constitutional rights which would warrant a departure from traditional and orderly proceedings (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.