Opinion
April 8, 1991
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the order is affirmed, without costs or disbursements.
Generally, claims which were or could have been reviewed on direct appeal from a judgment of conviction are not subject to review by habeas corpus (see, People ex rel. Wise v. Scully, 163 A.D.2d 444; Matter of Williams v. Scully, 135 A.D.2d 721; People ex rel. Phifer v. Scully, 107 A.D.2d 729). 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 procedure (cf., Stone v. Powell, 428 U.S. 465; People ex rel. Keitt v. McMann, 18 N.Y.2d 257). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.