Opinion
September 8, 1987
Appeal from the Supreme Court, Dutchess County (Braatz, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner is detained pursuant to a judgment of conviction affirmed by the Appellate Division, First Department (see, People v. Grant, 78 A.D.2d 779, lv denied 52 N.Y.2d 833). He claims here that he was denied the effective assistance of counsel on a prior appeal which resulted in reinstatement of the indictment (see, People v. Grant, 63 A.D.2d 575). However, a writ of habeas corpus is an improper vehicle for testing a claim of ineffective assistance of appellate counsel (cf., People v. Bachert, 69 N.Y.2d 593; see, People ex rel. Douglas v. Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901). Dismissal of the present proceeding was therefore required (see, People v. Bachert, supra; People ex rel. Douglas v Vincent, supra). Eiber, J.P., Kunzeman, Sullivan and Harwood, JJ., concur.