People ex rel. Gordon v. Heath

Generally, “[a] writ of habeas corpus may not be used for review of issues that have been, or could have been, reviewed on direct appeal or by a postjudgment motion addressed to the court in which an underlying judgment of conviction was rendered” (People ex rel. Dushain v Ercole, 64 AD3d 669, 669 [2009]; see People ex rel. Keitt v McMann, 18 NY2d 257, 263 [1966]; People ex rel. Bazil v Marshall, 77 AD3d 982, 982 [2010] ). However, “cases may arise where the right to invoke habeas corpus may take precedence over ‘procedural orderliness and conformity’ ” (People ex rel. Keitt v McMann, 18 NY2d…