Majority
p. 1069The People of the State of New York ex rel. Rodney Taylor, Appellant, v Frederick Richardson, as Superintendent of Cayuga Correctional Facility, Respondent.
— 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 AD2d 569 , affd 65 NY2d 145 ). (Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J. — Habeas Corpus.) Present — Callahan, J. P., Green, Balio, Lawton and Fallon, JJ.