PEOPLE EX REL MAMMARELLO v. DONNELLY

Judgment unanimously affirmed without costs.

Memorandum:

The contention raised in the petition seeking a writ of habeas corpus could have been raised on direct appeal or by motion pursuant to CPL 440.10 and thus Supreme Court properly dismissed the petition ( see, People ex rel. Mancuso v. Herbert, 256 A.D.2d 1158, 1159, lv denied 93 N.Y.2d 809). Furthermore, habeas corpus relief is inappropriate because the only remedy to which petitioner would be entitled would be a new trial ( see, People ex rel. Kaplan v. Commissioner of Correction of City of N. Y., 60 N.Y.2d 648, 649). Petitioner's further contention on appeal was not raised in the petition and therefore is not properly before us ( see, People ex rel. Pangburn v. Hodges, 281 A.D.2d 973, lv denied 96 N.Y.2d 713).