—[*1] Edward Brown, Dannemora, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered October 27, 2008 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.

In 2002, petitioner was convicted by a jury of burglary in the first degree, criminal possession of a weapon in the third degree, possession of stolen property in the fifth degree and resisting arrest and was sentenced to a minimum prison term of 22 years. Petitioner's convictions were upheld on direct appeal (People v Brown, 16 AD3d 430, 431 [2005], lv denied 4 NY3d 852 [2005]). He commenced this CPLR article 70 proceeding seeking a writ of habeas corpus alleging various constitutional violations and certain jurisdictional defects. Supreme Court denied petitioner's application without a hearing, prompting this appeal.

Habeas corpus relief is unavailable where, as here, petitioner's arguments could have been raised either in the context of a collateral motion or upon a direct appeal from the judgment of conviction (see People ex rel. Fulton v Lape, 61 AD3d 1227, 1227-1228 [2009]). Moreover, a review of the record reflects that petitioner has unsuccessfully raised the identical issues in multiple prior state and federal habeas corpus proceedings. Under such circumstances, we [*2]perceive no basis upon which to depart from traditional orderly procedure and Supreme Court's judgment is affirmed (see People ex rel. Franza v Lape, 61 AD3d 1200, 1200 [2009]).

Cardona, P.J., Peters, Lahtinen, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.