People ex rel. Flemming v. Rock

*534Order, Supreme Court, New York County (Larry Stephen, J.), entered January 24, 2012, which denied petitioner’s application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

The petition was improperly brought in a county other than the county of incarceration (see People ex rel. Harris v Conway, 48 AD3d 353 [1st Dept 2008], appeal dismissed, lv denied 10 NY3d 884 [2008]). Furthermore, to the extent the petition raises claims that could have been raised on direct appeal or in a CPL article 440 motion, habeas corpus relief is not available (People ex…