Opinion
March 13, 1992
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Callahan, J.P., Green, Balio, Lawton and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Habeas corpus relief is not available to petitioner because, even if he were to prevail on the motion, he is entitled only to a new hearing, not immediate release (see, People ex rel. Maiello v New York State Bd. of Parole, 101 A.D.2d 569, affd 65 N.Y.2d 145).