Cardona, P.J.
Petitioner, currently serving a sentence of imprisonment, filed this application for a writ of habeas corpus in April 2002, contending that his incarceration was illegal because the District Attorney reneged on an agreement that an indictment against him would be dismissed based upon his cooperation in a criminal investigation. Following a hearing, County Court denied the application prompting this appeal.
Habeas corpus relief is unavailable when it is clear that a petitioner could have raised the issues contained therein in the context of a direct appeal or in a CPL article 440 motion (see People ex rel. Hayden v. Senkowski, 306 A.D.2d 664; People ex rel. Woodard v. Senkowski, 305 A.D.2d 879, lv denied 100 N.Y.2d 511; People ex rel. Smith v. Miller, 295 A.D.2d 706). Here, it is undisputed that petitioner advanced the subject argument in a motion to dismiss the indictment based upon the alleged agreement (see People v. Leftwich, 266 A.D.2d 832, lv denied 94 N.Y.2d 881; see also People v. Fraisier, 253 A.D.2d 437) and said motion was denied. While petitioner does not detail what steps, if any, were taken to directly challenge said denial, clearly habeas corpus is not the proper remedy (see People ex rel. Burr v. Duncan, 289 A.D.2d 898, lv denied 97 N.Y.2d 612). Furthermore, we do not find any "extraordinary circumstances that would warrant a departure from the prescribed orderly procedures" (People ex rel. Woodard v. Senkowski, supra at 879).
Crew III, Carpinello, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, without costs.