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 the proceeding.
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PETER B. SKELOS, J.P., ANITA R. FLORIO, L. PRISCILLA HALL and LEONARD B. AUSTIN, JJ.
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 have been, reviewed on direct appeal or by post-judgment motion in the court where the conviction occurred (see People ex rel. Almeyda v Schultz, 18 AD3d 582; People ex rel. Barnes v Fischer, 303 AD2d 526; People ex rel. Pearson v Garvin, 211 AD2d 690, 691; People ex rel. Moore v Scully, 189 AD2d 845). The allegations in the petition do not warrant a departure from traditional orderly procedure (see People ex rel. Keitt v McMann, 18 NY2d 257; CPL 210.30).
The petitioner's remaining contentions are unpreserved for appellate review.
SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.
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