Opinion
Submitted June 29, 1999
October 18, 1999
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.).
ORDERED that the judgment is affirmed, without costs or disbursements.
Habeas corpus relief is not available to the appellant because he 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. Brettschneider v. Warden of Dept. of Correction of City of N.Y., 253 A.D.2d 729).
The appellant's remaining contentions are without merit.
JOY, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.