People ex rel. Taylor v. Richardson , 582 N.Y.S.2d 304 ( 1992 )

— 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.