PEOPLE EX REL. BENTLEY v. SCULLY

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

The arguments made by the appellant in support of his application for a writ of habeas corpus were, or could have been, advanced either on his direct appeal from the underlying judgment of conviction, or in a prior habeas corpus proceeding. The Supreme Court was, therefore, correct in denying the application on those grounds (see, CPLR 7003 [b]; People ex rel. Goss v Smith, 69 N.Y.2d 727, 729, affg 116 A.D.2d 968; People ex rel. Patterson v. Senkowski, 175 A.D.2d 957; People ex rel. Bresette v. Superintendent, 175 A.D.2d 961; People ex rel. Douglas v. Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901; cf., People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262). Mangano, P.J., Bracken, Kunzeman and Miller, JJ., concur.