PEOPLE EX REL. DORSEY v. SCULLY

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

The Supreme Court properly dismissed the proceeding, because the petitioner set forth no factual or legal basis which would render the indictment jurisdictionally defective, and his present claims could have been raised on his direct appeal (see, People ex rel. Goss v. Smith, 69 N.Y.2d 727, affg 116 A.D.2d 968; People ex rel. Vasalka v. Stenzel, 186 A.D.2d 295; People ex rel. Greene v. Scully, 180 A.D.2d 657; People ex rel. Bentley v. Scully, 177 A.D.2d 732, cert denied ___ US ___, 112 S Ct 2973; People ex rel. Govan v. Waldron, 175 A.D.2d 820). Sullivan, J.P., Miller, Ritter and Pizzuto, JJ., concur.