Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition for a writ of habeas corpus because the issues were raised or could have been raised on defendant's prior direct appeals or by a post judgment motion pursuant to CPL article 440 ( see, People v. Johnson, 211 A.D.2d 826, lv dismissed 85 N.Y.2d 939; People v. Johnson, 181 A.D.2d 914, lv denied 80 N.Y.2d 833, cert denied 511 U.S. 1037; People v. Johnson, 176 A.D.2d 756; People v. Johnson, 163 A.D.2d 613, lv denied 76 N.Y.2d 940; see generally, People ex rel. St. Germain v. Walker, 202 A.D.2d 1053, lv denied 83 N.Y.2d 758). Furthermore, because the issues raised herein were determined by the Third Department in People ex rel. Johnson v. Stinson ( 233 A.D.2d 634, lv denied 89 N.Y.2d 807, lv dismissed 89 N.Y.2d 1030, rearg denied 89 N.Y.2d 1030, rearg dismissed 90 N.Y.2d 831), this proceeding is barred by res judicata and collateral estoppel ( see, People ex rel. Hatzman v. Kuhlmann, 191 A.D.2d 977, appeal dismissed and lv denied 82 N.Y.2d 683).