Opinion
August 5, 1991
Appeal from the Supreme Court, Dutchess County (King, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner brought the instant habeas corpus proceeding to challenge the validity of a judgment of conviction rendered by the County Court of Schenectady County. The Supreme Court, Dutchess County properly dismissed the writ on the ground that the respondent Sheriff of Schenectady County no longer had custody of the petitioner. In any event, since the petitioner's contentions could be reviewed on a direct appeal from his judgment of conviction, they are not subject to review by habeas corpus (see, People ex rel. Morgan v Berry, 149 A.D.2d 752; People ex rel. McNair v Bantum, 123 A.D.2d 800). Nor do the facts of this case indicate a violation of the petitioner's fundamental constitutional rights such as to warrant a departure from "traditional orderly proceedings" (People ex rel. Keitt v McMann, 18 N.Y.2d 257, 262). Accordingly, the writ was properly dismissed without a hearing. Kunzeman, J.P., Rosenblatt, Miller and Ritter, JJ., concur.