Opinion
July 28, 1986
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Judgment affirmed, without costs or disbursements.
The petitioner's claims that he was denied effective assistance of counsel at trial or on appeal do not entitle him to habeas corpus relief because those claims, if meritorious, would, at most, require a new trial or new appeal and not a direction that he be immediately released from custody (see, e.g., Kaplan v Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 649; People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903). Lazer, J.P., Thompson, Lawrence and Eiber, JJ., concur.