Judgment affirmed, without costs or disbursements.
Habeas corpus does not lie where petitioner's claims, even if meritorious, would result in suppression of evidence and a new trial, not an immediate release from custody (see, People ex rel. Williams v. Scully, 107 A.D.2d 729; People ex rel. Kaplan v Commissioner of Correction of City of N.Y., 93 A.D.2d 768, affd 60 N.Y.2d 648). Bracken, J.P., Rubin, Lawrence and Eiber, JJ., concur.