People ex rel. Charles v. DeAngelo

—Appeal from a judgment of the Supreme Court (Monserrate, J.), entered August 26, 1998 in Broome County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, having pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree, commenced this proceeding for a writ of habeas corpus while still being *797held in the Broome County Jail,* contending, inter alia, that he did not receive effective assistance of counsel and that the People knowingly presented false identification testimony to the Grand Jury, thereby rendering the indictment jurisdiction-ally defective. Supreme Court dismissed the petition and we affirm. Given that the issues could be raised on a direct appeal or in a motion pursuant to CPL 440.10, we find that habeas corpus relief is unavailable (see, People ex rel. McCallister v McGinnis, 249 AD2d 637, 638; People ex rel. Moore v Miller, 244 AD2d 735, lv denied 91 NY2d 808; People ex rel. Murray v Bartlett, 234 AJD2d 828, lv dismissed 89 NY2d 1002). Moreover, absent circumstances warranting a departure from traditional orderly procedure, the application for a writ was properly denied (see, People ex rel. Rodriguez v Kuhlmann, 239 AJD2d 721, lv denied 90 NY2d 808).

Cardona, P. J., Mercure, Crew III, Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed, without costs.