People ex rel. Duamutef v. Dalsheim — 211 A.D.2d 835

Majority

p. 835

The People of the State of New York ex rel. Duaut A. Duamutef, Also Known as Beresford Duncan, Appellant, v Stephen Dalsheim, Superintendent, Respondent.

[622 NYS2d 83]

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Bernhard, J.), dated April 23, 1993, which denied the application.

Ordered that the judgment is affirmed, without costs or disbursements.

A habeas corpus proceeding is not proper in the present case because even if the petitioner’s claims were meritorious, the only remedy would be a new trial, not immediate release from prison (see, People ex. rel. Fisher v Leonardo, 200 AD2d 844 ). Therefore, the application was properly denied. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.