People ex rel. Shaffer v. Leonardo

— Appeal from a judgment of the Supreme Court (Berke, J.), entered April 18, 1991 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

A writ of habeas corpus is not generally available to raise issues which were or could have been raised on direct appeal or by way of a CPL article 440 proceeding (see, People ex rel. Christianson v Berry, 165 AD2d 961, lv denied 77 NY2d 805). Given that this is the case here and insofar as the facts do not indicate any circumstances warranting departure from…