Opinion
February 27, 1992
Appeal from the Supreme Court, Saratoga County (Brown, J.).
Petitioner commenced this habeas corpus proceeding alleging that his guilty plea to attempted escape in the first degree was involuntary. Having failed to pursue in an orderly manner either a timely appeal or relief by way of a CPL article 440 motion, petitioner's application for habeas corpus relief is inappropriate (see, People ex rel. Woodard v. Berry, 143 A.D.2d 457, 458, lv denied 73 N.Y.2d 705). In addition, the allegations in his petition do not warrant a departure from traditional orderly procedure (see, People ex rel. Grady v. LeFevre, 152 A.D.2d 850, lv denied 75 N.Y.2d 702; People ex rel. Avery v LeFevre, 105 A.D.2d 1015). In any event, there is nothing in the record before this court to show that petitioner's arguments have merit (see, People ex rel. Rosado v. Miles, 138 A.D.2d 808; People v. Clickner, 128 A.D.2d 917, 919, lv denied 70 N.Y.2d 644).
Weiss, P.J., Mikoll, Yesawich Jr. and Levine, JJ., concur. Ordered that the judgment is affirmed, without costs.