PEOPLE EX REL. ST. GERMAIN v. WALKER

Judgment unanimously affirmed. Memorandum: Supreme Court properly dismissed the habeas corpus petition because the issue raised, the voluntariness of relator's guilty plea, either was or could have been raised on direct appeal from the judgment of conviction or in a motion pursuant to CPL article 440 (see, People ex rel. Van Patten v. Walker, 174 A.D.2d 1058; People ex rel. Lamberty v. Kuhlmann, 165 A.D.2d 922). Moreover, because relator would be entitled only to withdraw his guilty plea and go to trial and not to immediate release, habeas corpus is not an appropriate remedy (see, People ex rel. Hall v LeFevre, 60 N.Y.2d 579, 580; People ex rel. Kaplan v. Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 649).