People ex rel. Pass v. Hoke

Appeal from a judgment of the Supreme Court (Connor, J.), entered July 9, 1990 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Because habeas corpus is not a proper vehicle to challenge errors which could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Rosado v Miles, 138 AD2d 808; People ex rel. Vasquez v Scully, 105 AD2d 722), Supreme Court properly denied petitioner’s application for a writ of habeas corpus. Petitioner’s appeal from his judgment…