People ex rel. Avery v. LeFevre

Appeal from a judgment of the Supreme Court at Special Term (Ford, J.), entered December 22, 1983 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

The arguments advanced by petitioner in support of his application for a writ of habeas corpus could have been, but were not, raised on direct appeal from the underlying criminal conviction. Thus, habeas corpus is not appropriate (see, e.g., People ex rel. Thomas v LeFevre, 102 AD2d 925; People ex rel. Davis v Coombe, 97 AD2d 667). Indeed, petitioner…