People ex rel. Moore v. Senkowski

Appeal from a judgment of the Supreme Court (Lewis, J.), entered May 24, 1991 in Clinton County, which denied petitioner’s application for writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

It is well established that habeas corpus is not an appropriate remedy where the issues raised could have been advanced on direct appeal or by way of a motion pursuant to CPL article 440 (People ex rel. Rosado v Miles, 138 AD2d 808). Here, the claims raised by petitioner in support of his application for a writ of habeas corpus are the same claims raised by him and…