People ex rel. Hardy v. Kuhlmann

— Appeal from a judgment of the Supreme Court (Torraca, J.), entered June 5, 1991 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

We reject petitioner’s contention that Supreme Court erred in dismissing his application for a writ of habeas corpus. In doing so, we initially note that habeas corpus is not a proper procedure to raise issues which were or could have been raised on direct appeal or pursuant to CPL article 440 (see, People ex rel. Woodard v Berry, 143 AD2d 457, lv denied 73 NY2d 705). Petitioner’s conviction…