It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the petition seeking a writ of habeas corpus. Where, as here, the issues raised in the petition were, or could have been, raised on a direct appeal or by a CPL article 440 motion, habeas corpus is not a proper remedy (see People ex rel. Spencer v Burge,
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