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PEOPLE EX REL. ROBINSON v. SCULLY

Appellate Division of the Supreme Court of New York, Second Department.
Jul 28, 1986

Judgment affirmed, without costs or disbursements.

The petitioner's claims that he was denied effective assistance of counsel at trial or on appeal do not entitle him to habeas corpus relief because those claims, if meritorious, would, at most, require a new trial or new appeal and not a direction that he be immediately released from custody (see, e.g., Kaplan v Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 649; People ex rel. Douglas v Vincent, 50 N.Y.2d 901, 903). Lazer, J.P., Thompson, Lawrence and Eiber, JJ., concur.