People ex rel. Lyon v. Leonardo

— Appeal from a judgment of the Supreme Court (Hemmett, J.), entered *691February 20, 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.

Because habeas corpus is not a proper remedy where the allegations in the petition could have been or were raised either on direct appeal or in a CPL article 440 motion (see, People ex rel. Christianson v Berry, 165 AD2d 961, 962, lv denied 77 NY2d 805; People ex rel. Woodard v Berry, 143 AD2d 457, 458, lv denied 73 NY2d 705), Supreme Court properly denied…