Opinion
June 17, 1996
Appeal from the Supreme Court, Dutchess County (Amodeo, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Habeas corpus relief is not available to the petitioner because he has failed to establish that the granting of the writ would result in his immediate release (see, People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 60 N.Y.2d 648; People ex rel. DeFlumer v. Strack, 212 A.D.2d 555).
In any event, a writ of habeas corpus is not generally available to raise issues that should have been raised on direct appeal (see, People ex rel. Batista v. Walker, 198 A.D.2d 865; People ex rel. Grady v. LeFevre, 152 A.D.2d 850). Sullivan, J.P., Joy, Krausman and McGinity, JJ., concur.