PEOPLE v. BURGE

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition seeking a writ of habeas corpus. "Habeas corpus relief is not a proper remedy where the issues raised in the petition were, or could have been, raised on direct appeal or by a CPL article 440 motion" ( People ex rel. Abdullah v. Walker, 199 A.D.2d 1074, lv denied 83 N.Y.2d 752). The issues raised in the petition were raised and decided against petitioner on direct appeal ( People v. Spencer, 279 A.D.2d 539, lv denied 96 N.Y.2d 835) and on his CPL article 440 motion ( see Matter of Williams v. Henderson, 124 A.D.2d 994, lv denied 69 N.Y.2d 605; People ex rel. Vess v. La Vallee, 55 A.D.2d 968) . In addition, petitioner was previously denied habeas corpus relief based upon the same issues raised in the instant proceeding ( People ex rel. Spencer v. Miller, 277 A.D.2d 551), and he has made no showing of changed circumstances that would warrant further habeas corpus review ( see People ex rel. Woodard v Berry, 163 A.D.2d 759, 760, lv denied 76 N.Y.2d 712; People ex rel. Alim v. Smith, 57 A.D.2d 728, 728-729, lv denied 42 N.Y.2d 803).