People ex rel. Murphy v. Kuhlmann

—Appeal from a judgment of the Supreme Court (Kane, J.), entered August 19, 1993 in Sullivan County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Habeas corpus is not an appropriate remedy where the issue presented could have been raised on direct appeal or in a motion pursuant to CPL article 440. Here, petitioner’s contention concerning his indictment could have been raised in such a manner, and in fact was the subject of an unsuccessful motion pursuant to CPL article 440. Further, the facts of this case…