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PEOPLE EX REL. SMITH v. HANSLMAIER

237 A.D.2d 473 (1997)

655 N.Y.S.2d 976

The People of the State of New York ex rel. James Smith, Appellant, v. Robert Hanslmaier, as Superintendent of Woodbourne Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 17, 1997

Ordered that the judgment is affirmed, without costs or disbursements.

Because the issues raised in this proceeding could have been reviewed either on direct appeal from the judgment of conviction or on a motion pursuant to CPL article 440 to set aside the judgment, habeas corpus is not an appropriate remedy (see, People ex rel. Benbow v Scully, 189 A.D.2d 844; People ex rel. Jackson v Scully,

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