Opinion
June 18, 1992
Appeal from the Supreme Court, Sullivan County (Williams, J.).
In this CPLR article 70 proceeding, petitioner argues that the Grand Jury which handed up his indictment was unlawfully impaneled and, therefore, there was no jurisdiction to conduct criminal proceedings against him. It is well established that habeas corpus relief is not a proper remedy where the allegations in the petition, including the jurisdictional one presented here, could have been raised either on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Woodard v. Berry, 143 A.D.2d 457, 458, lv denied 73 N.Y.2d 705; People ex rel. Rosado v. Miles, 138 A.D.2d 808; People ex rel. Brady v Scully, 111 A.D.2d 419, lv denied 65 N.Y.2d 609). Furthermore, the allegations in the 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).
Weiss, P.J., Mikoll, Yesawich Jr., Crew III and Mahoney, JJ., concur. Ordered that the judgment is affirmed, without costs.