People ex rel. Rios v. Irvin

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition for a writ of habeas corpus. Relator is not entitled to habeas corpus relief based upon the alleged ineffective assistance of appellate counsel “because the only remedy to which he would be entitled would be * * * a new appeal, and not a direction that he be immediately released from custody” (People ex rel. Kaplan v Commissioner of Correction of City of N. Y., 60 NY2d 648, 649). The denial of *1170relator’s application for a writ of error coram nobis, also based upon the alleged ineffectiveness of…