PEOPLE EX REL. VAN PATTEN v. WALKER

Judgment unanimously affirmed. Memorandum: Supreme Court properly dismissed relator's habeas corpus petition because the only issues raised in the petition either were or could have been raised on the direct appeal from the judgment of conviction or by way of a motion pursuant to CPL article 440 (see, People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903, affg for reasons stated 67 A.D.2d 587, 589; People ex rel. Lamberty v Kuhlmann, 165 A.D.2d 922; People ex rel. Grady v LeFevre, 152 A.D.2d 850, lv denied 75 N.Y.2d 702).