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PEOPLE EX REL. RICHARDS v. REID

117 A.D.2d 695 (1986)

The People of the State of New York ex rel. Harry Richards, Appellant, v. Theodore Reid, as Superintendent of New York Department of Correctional Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 10, 1986

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

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