Opinion
May 11, 1992
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Inasmuch as the issues raised herein could have been reviewed either on direct appeal from the petitioner's judgment of conviction or on a motion pursuant to CPL article 440 in the court of original jurisdiction, habeas corpus is not an appropriate remedy (People ex rel. Nelson v. Scully, 119 A.D.2d 709; People ex rel. Myers v. Dalsheim, 97 A.D.2d 447; People ex rel. Small v. Scully, 92 A.D.2d 943). Accordingly, we conclude that the Supreme Court properly dismissed the petition without a hearing (see, People ex rel. Robertson v. New York State Div. of Parole, 67 N.Y.2d 197, 203). Thompson, J.P., Miller, Ritter and Copertino, JJ., concur.