People ex rel. Pratt v. Bowen

—Appeal from a judgment of the Supreme Court (Brown, J.), entered August 11, 1993 in Saratoga County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

The arguments asserted by petitioner in support of his claim for habeas corpus relief could have been raised on direct appeal or by way of a CPL article 440 motion. Therefore, such relief is not a proper remedy in this case and we see no reason to depart from traditional orderly procedure. Finally, habeas corpus relief is inappropriate because even if petitioner’s…