It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
We reject the contention of petitioner that Supreme Court should have granted his petition for a writ of habeas corpus. The contentions of petitioner could have been raised on direct appeal or by a postjudgment motion pursuant to CPL article 440 (see People ex rel. Patterson v Berbary,
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