Application, pursuant to CPLR 7002 (subd [b], par 2), for writ of habeas corpus denied for legal insufficiency (CPL 180.70, subd 1; 70.10, subd 2; cf. People v Jackson, 69 Mise 2d 793, 799-800). In addition, the court notes that the same contentions were made in a prior application for habeas corpus relief which was denied by the Sullivan County Court (see CPLR 7003, subd [b]). Herlihy, P. J., Sweeney, Kane, Main and Larkin, JJ., concur.