Opinion
February 10, 1986
Appeal from the Supreme Court, Dutchess County (Rosenblatt, J.).
Judgment affirmed, without costs or disbursements.
Habeas corpus does not lie where petitioner's claims, even if meritorious, would result in suppression of evidence and a new trial, not an immediate release from custody (see, People ex rel. Williams v. Scully, 107 A.D.2d 729; People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 93 A.D.2d 768, affd 60 N.Y.2d 648). Bracken, J.P., Rubin, Lawrence and Eiber, JJ., concur.