MEMORANDUM AND ORDER
Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus alleging that he is unlawfully detained because the indictment was jurisdictionally defective and County Court lacked geographic jurisdiction, properly referred to as venue. Supreme Court dismissed petitioner's application and we affirm. The record reveals that petitioner could have raised and/or did raise these issues either on direct appeal from the judgment of conviction or by way of a motion pursuant to CPL article 440 in the court of original jurisdiction (see,People ex rel. Caroselli v. Goord, 268 A.D.2d 827, lv denied 94 N.Y.2d 765;People ex rel. Moore v. Scully, 189 A.D.2d 845). Moreover, even if he was successful in his arguments, petitioner would be entitled to a new trial but not to immediate release from detention (see, People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903). Accordingly, habeas corpus relief is unavailable to petitioner.
ORDERED that the judgment is affirmed, without costs.