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 A.D.2d 844). Therefore, the application was properly denied. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.