| People ex rel. Bedell v Ercole |
| 2010 NY Slip Op 01997 [71 AD3d 801] |
| March 9, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York ex rel. Timothy Bedell,Appellant, v Robert Ercole, Respondent. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg of counsel), forrespondent.
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court,Duchess County (Sammarco, J.), dated August 6, 2008, which, without a hearing, dismissed theproceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
A writ of habeas corpus may not be used for review of issues that have been, or could havebeen, reviewed on direct appeal or by post-judgment motion in the court where the convictionoccurred (see People ex rel. Almeyda vSchultz, 18 AD3d 582 [2005]; People ex rel. Barnes v Fischer, 303 AD2d 526[2003]; People ex rel. Pearson v Garvin, 211 AD2d 690, 691 [1995]; People ex rel.Moore v Scully, 189 AD2d 845 [1993]). The allegations in the petition do not warrant adeparture from traditional orderly procedure (see People ex rel. Keitt v McMann, 18NY2d 257 [1966]; CPL 210.30 [6]).
The petitioner's remaining contentions are unpreserved for appellate review. Skelos, J.P.,Florio, Hall and Austin, JJ., concur.