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, 299 AD2d 850, 851, lv denied 99 NY2d 508; People ex rel. Mammarello v. Donnelly, 286 AD2d 937; People ex rel. Johnson v. Walker, 262 AD2d 1005, lv denied 93 NY2d 818, cert denied 528 US 1165), including his contentions that the indictment was jurisdictionally defective ( see People ex rel. Batista v. Walker, 198 AD2d 865, lv denied 83 NY2d 752) and that he was subjected to double jeopardy ( see People ex rel. Hammock v. Meloni, 233 AD2d 929, lv denied 89 NY2d 807; People ex rel. Webb v. Leonardo, 136 AD2d 840, 841).