PEOPLE EX REL. MALDONADO v. ARTUZ

ORDERED that the judgment is affirmed, without costs or disbursements.

The issue raised in this proceeding could have been reviewed on direct appeal from the judgment of conviction. In addition, the petitioner's CPL article 440 motion, based on the same ground as that raised in the petition, was previously denied, and leave to appeal therefrom was denied. Accordingly, habeas corpus is not an appropriate remedy (see, People ex rel. Smith v. Hanslmaier, 237 A.D.2d 473 ; People ex rel. Benbow v. Scully, 189 A.D.2d 844 ; People ex rel. Jackson v. Scully, 183 A.D.2d 799 ; People ex rel. Heath v. Riley, 171 A.D.2d 768 ).

MANGANO, P.J., RITTER, GOLDSTEIN, and H. MILLER, JJ., concur.