PEOPLE EX REL. JONES v. RUSSI

Judgment unanimously affirmed. Memorandum: Petitioner is not entitled to habeas corpus relief because, even assuming that his arguments have merit, he would not be entitled to immediate release from custody (see, People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 60 N.Y.2d 648). Although he has the right to be considered for parole, he does not have the right to be granted parole (see, Correction Law § 805; Matter of Walker v Russi, 176 A.D.2d 1185, lv dismissed 79 N.Y.2d 897).