Judgment unanimously affirmed without costs. Memorandum: Because the issues raised by relator concerning the circumstances of his arrest could have been reviewed either on direct appeal or on a CPL article 440 motion, County Court properly dismissed his petition seeking a writ of habeas corpus (see, People ex rel. Nelson v Scully, 119 AD2d 709, lv denied 69 NY2d 602). (Appeal from Judgment of Monroe County Court, Smith, J.—Habeas Corpus.) Present—Pine, J. P., Fallon, Wesley, Davis and Boehm, JJ.
The People of the State of New York ex rel. Alan Haymon, Appellant, v. Andrew P. Meloni, as Monroe County Sheriff, Respondent
233 A.D.2d 903649 N.Y.S.2d 866
Authorities cited
No cited authorities resolved to law.co cases yet.