People ex rel. Hammock v. Meloni

Judgment unanimously affirmed without costs. Memorandum: After relator filed a notice of appeal from a decision dated June 9, 1994, a judgment was entered on that decision. We exercise our discretion to treat the appeal as taken from that judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988).

Supreme Court properly dismissed, without a hearing, the petition seeking a writ of habeas corpus. The contention of relator that double jeopardy attached to bar his retrial is an issue that may be raised on relator’s direct appeal from the judgment of conviction. Moreover,…