The People of the State of New York ex rel. Faris Abdul-Matiyn, Appellant, v. Eugene LeFevre, as Superintendent of Clinton Correctional Facility, Respondent

The People of the State of New York ex rel. Faris Abdul-Matiyn, Appellant, v Eugene LeFevre, as Superintendent of Clinton Correctional Facility, Respondent. [MAJORITY] Appeal from a judgment of the Supreme Court (Plumadore, J.), entered August 5, 1988 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing. [MAJORITY] Inasmuch as petitioner’s application for a writ of habeas corpus asserts no issue which could not have been raised in his direct appeal, his application for a writ of error coram nobis or his three CPL 440.10 motions—indeed, he concedes each of his arguments has already been judicially reviewed— the writ was properly denied (see, People ex rel. Douglas v Vincent, 50 NY2d 901, 903; People ex rel. Rosado v Miles, 138 AD2d 808). Judgment affirmed, without costs. Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.