People ex rel. Davis v. Leonardo

— Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered December 24, 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.

We find that Supreme Court properly denied petitioner’s application for a writ of habeas corpus. Petitioner’s allegations concerning his indictment could have been raised on direct appeal or by way of a CPL article 440 motion (see, People ex rel. Rosado v Miles, 138 AD2d 808). Further, the facts alleged by petitioner do not merit a departure from…