PEOPLE EX REL. NELSON v. SCULLY

Judgment affirmed, without costs or disbursements.

Inasmuch as the issues raised herein could have been reviewed either on direct appeal from the petitioner's judgment of conviction or on a motion pursuant to CPL article 440 in the court of original jurisdiction, habeas corpus is not an appropriate remedy (see, People ex rel. Hall v. LeFevre, 92 A.D.2d 956, affd 60 N.Y.2d 579; People ex rel. Brady v. Scully, 111 A.D.2d 419, lv denied 65 N.Y.2d 609; People ex rel. Phifer v Scully, 107 A.D.2d 729; People ex rel. Taylor v. Commissioner of Correction, 100 A.D.2d 525; People ex rel. Myers v. Dalsheim, 97 A.D.2d 447, lv denied 61 N.Y.2d 601).

In any event, the petitioner has failed to allege any factual or legal basis which would indicate that the indictment underlying his conviction was jurisdictionally defective (see, People ex rel. Brady v. Scully, supra; see also, People v Iannone, 45 N.Y.2d 589, 600; People v. Rupp, 75 Misc.2d 683). Weinstein, J.P., Rubin, Eiber and Spatt, JJ., concur.