Petition unanimously dismissed without costs. Memorandum: Because petitioner has an adequate remedy by direct appeal from the judgment of conviction, relief pursuant to CPLR article 78 is not available (see, CPLR 7801 [1]; Matter of Wilcox v Dwyer, 48 NY2d 1003, 1004; Matter of Niccolich v O’Dwyer, 206 AD2d 431). (Original Proceeding Pursuant to CPLR art 78.) Present—Denman, P. J., Green, Hayes, Balio and Fallon, JJ.
In the Matter of Tommy R. Jackson, Petitioner, v. Attorney-General of State of New York et al., Respondents
242 A.D.2d 955665 N.Y.S.2d 597
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