Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Wolf, Jr., J.
Present — Green, J.P., Lawton, Boehm, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Petitioner's application for a writ of habeas corpus was properly denied. Because petitioner is not entitled to immediate release from custody, the remedy of habeas corpus is not available (see, People ex rel. Mendolia v Superintendent, 47 N.Y.2d 779; People ex rel. Dell v Walker, 186 A.D.2d 1043 [decided herewith]).