Appellate Division of the Supreme Court of the State of New York September 29, 1981 (Stewart v. Clyne)

Application, pursuant to CPLR article 78, for judgment vacating and modifying a sentence imposed upon a judgment of conviction rendered August 15, 1978, denied, and petition dated June 24,1981 dismissed. Remedy by way of CPLR article 78 does not lie inasmuch as the alleged error can be raised upon direct appeal from the judgment of conviction.