People ex rel. Lewis v. Graham

Memorandum: Supreme Court properly denied the petition seeking a writ of habeas corpus. The contention of petitioner *1509that he is entitled to immediate release because the indictment was jurisdictionally defective could have been raised on direct appeal or by way of a CPL article 440 motion, and thus habeas corpus relief does not lie (see People ex rel. Gloss v Murray, 35 AD3d 1186 [2006], lv denied 8 NY3d 807 [2007]; People ex rel. Alvarez v West, 22 AD3d 996 [2005], lv denied 6 NY3d 704 [2006]; People ex rel. Reed v Travis, 12 AD3d 1102 [2004], lv denied 4 NY3d 704 [2005]). In any event,…