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PEOPLE EX REL. BRETTSCHNEIDER v. WARDEN OF THE DEP'T OF CORR. OF THE CITY OF NEW YORK

253 A.D.2d 729 (1998)

677 N.Y.S.2d 478

The People of the State of New York ex rel. Scott Brettschneider, on Behalf of Sean Powell, Petitioner, v. Warden of the Department of Correction of the City of New York, Respondent

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

September 3, 1998

Adjudged that the writ is dismissed, without costs or disbursements.

Habeas corpus relief is not available to the petitioner because he has failed to establish that the granting of the writ would result in his immediate release (see, People ex rel. Kaplan v Commissioner of Correction of City of N. Y., 60 N.Y.2d 648; People ex rel. DeFlumer v Strack,

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