PEOPLE EX REL. PANGBURN v. HODGES

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition for a writ of habeas corpus. Because the contentions raised in the petition "could have been raised on direct appeal or pursuant to CPL article 440, habeas corpus is not an appropriate remedy" ( People ex rel. Batista v. Walker, 198 A.D.2d 865, lv denied 83 N.Y.2d 752). The remaining contentions in petitioner's appellate brief were not raised in the petition and therefore are not properly before us ( see, People ex rel. McWhinney v. Smith, 219 A.D.2d 879; People ex rel. Morgan v. Berry, 149 A.D.2d 752).