Opinion
January 24, 1986
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Doerr, Boomer, Green and Pine, JJ.
Judgment unanimously affirmed. Memorandum: Relator was convicted of attempted murder and related offenses. He claims that the indictment underlying these charges should have been dismissed pursuant to CPL 730.50 (4) once an order was issued directing the Commissioner of Mental Hygiene to release or civilly commit him. Relator, however, neither moved to dismiss the indictment on this ground (see, CPL 210.20 [a], [h]; [3]), nor raised the issue on a prior appeal (People v Goss, 88 A.D.2d 1111). A writ of habeas corpus is inappropriate to review issues which could have been raised on appeal but were not (see, People ex rel. Douglas v Vincent, 67 A.D.2d 587, 589, affd 50 N.Y.2d 901; People ex rel. Barnes v Smith, 70 A.D.2d 764, lv denied 48 N.Y.2d 602; cf. People ex rel. Keitt v McMann, 18 N.Y.2d 257, 262). In any event, were we to reach the merits, we would affirm for the reasons stated at Special Term.