Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner's assertions on appeal concerning the legality of his arrest and sentence were not raised in his petition for a writ of habeas corpus submitted to the Supreme Court, Kings County. Consequently, these assertions are not properly before this court (see, People ex rel. Vanderburgh v. Coombe, 102 A.D.2d 951; People ex rel. Aloi v. LeFevre, 100 A.D.2d 662, 663). In any event, all the petitioner's contentions may be raised on the petitioner's appeal from his judgment of conviction which is currently pending before this court. Therefore, habeas corpus is not an appropriate remedy, and the petition was properly denied without a hearing (see, People ex rel. McNair v. Bantum, 123 A.D.2d 800, 801; People ex rel. Falaq v. Dalsheim, 122 A.D.2d 93). Thompson, J.P., Bracken, Kunzeman and Spatt, JJ., concur.