Opinion
January 20, 2000
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 21, 1999 in Clinton County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Dexter K. Murray, Dannemora, appellant in person.
Eliot Spitzer, Attorney-General (Nancy A. Spiegel of counsel), Albany, for respondents.
Before: CARDONA, P.J., CREW III, PETERS, CARPINELLO and MUGGLIN, JJ.
MEMORANDUM AND ORDER
Petitioner, having been found guilty of two counts of robbery, attempted possession of a weapon and attempted burglary, commenced this proceeding for a writ of habeas corpus with respect to the two robbery convictions contending that his procedural and constitutional rights were violated. Given that the issues could have been and were raised on a direct appeal or in a motion pursuant to CPL 440.10, we find that habeas corpus relief is unavailable (see, People ex rel. Charles v. De Angelo, 263 A.D.2d 796, 694 N.Y.S.2d 505). Furthermore, even if the issues raised by petitioner were meritorious, habeas corpus relief would be inappropriate inasmuch as he would not be entitled to immediate release (see, People ex rel. Carter v. Miller, 261 A.D.2d 674, 691 N.Y.S.2d 193; People ex rel. Merriweather v. Miller, 243 A.D.2d 872, 873, lv denied 91 N.Y.2d 804).
Cardona, P.J., Crew III, Peters, Carpinello and Mugglin, JJ., concur.
ORDERED that the judgment is affirmed, without costs.