Opinion
Decided September 15, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. MAZUR, J.
Joseph Alan Kaplan for appellant.
Elizabeth Holtzman, District Attorney ( Alan D. Rubinstein of counsel), for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, without costs. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody ( People ex rel. Douglas v Vincent, 50 N.Y.2d 901).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.