PEOPLE EX REL. HEATH v. RILEY

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

Generally, claims which were or could have been reviewed on direct appeal from a judgment of conviction are not subject to review by habeas corpus (see, People ex rel. Wise v Scully, 163 A.D.2d 444; Matter of Williams v Scully, 135 A.D.2d 721; People ex rel. Phifer v Scully, 107 A.D.2d 729). Nor do the facts of this case indicate a violation of the petitioner's fundamental constitutional rights such as to warrant a departure from the "traditional orderly proceedings" (People ex rel. Keitt v McMann, 18 N.Y.2d 257, 262; cf., Stone v Powell, 428 U.S. 465). Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.