People ex rel. Armstrong v. Hanslmaier

Appeal from a judgment of the Supreme Court (Kane, J.), entered May 31, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

Petitioner’s contentions, which regard the legality of the indictment upon which he was convicted and the alleged failure of the trial court to decide a motion to dismiss on *939speedy trial grounds, could have been raised on direct appeal or in a motion pursuant to CPL article 440. In fact, petitioner concedes that the issue as to the indictment was the subject of such a motion, which was denied.…