PEOPLE EX REL. GREENE v. SCULLY

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner has failed to set forth any "factual or legal basis * * * which would render the indictment underlying [his] conviction jurisdictionally defective" (People ex rel. Brady v Scully, 111 A.D.2d 419, 420). Indeed, the claim raised by the petitioner could have been raised on direct appeal, or in a motion pursuant to CPL article 440, and, at best, would have only mandated a new trial, and not petitioner's immediate release from custody (see, People ex rel. Brady v. Scully, supra; People v Jordan, 20 A.D.2d 583). Accordingly, the instant habeas corpus proceeding was properly dismissed (see, People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 60 N.Y.2d 648). Mangano, P.J., Sullivan, Balletta and Ritter, JJ., concur.