Citation Codes Equivalent Citations citation codes Judges Eugene F. Pigott See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK ex rel. CARLOS DAVILA, Appellant, v. VICTOR HERBERT, as Superintendent of Collins Correctional Facility, et al., Respondents. Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. Even if his present contentions had merit ( but see, Matter of Davila v. New York State Div. of Parole, 249 A.D.2d 862), relator would not be entitled to immediate release, and thus habeas corpus relief is not available to him ( see, People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903; People ex rel. Dell v. Walker, 186 A.D.2d 1043, lv denied 81 N.Y.2d 702).