Opinion
September 28, 1992
Appeal from the County Court, Nassau County (McCaffrey, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioners have failed to set forth any factual or legal basis which would render the indictment underlying their convictions jurisdictionally defective (see, People ex rel. Greene v Scully, 180 A.D.2d 657; People ex rel. Brady v Scully, 111 A.D.2d 419, 420). The claims raised by the petitioners could have been raised on direct appeal, or upon a motion to vacate the judgments pursuant to CPL article 440, and, at best, would have only mandated new trials, and not the petitioners' immediate release from custody (see, People ex rel. Greene v Scully, supra; People ex rel. Brady v Scully, supra).
Accordingly, the instant proceeding was properly dismissed (see, People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 60 N.Y.2d 648; People ex rel. Greene v Scully, supra). Thompson, J.P., Lawrence, Miller, O'Brien and Ritter, JJ., concur.