People State New York Ex Rel. John S. Hall v. Eugene S. Lefevre

Where the only remedy sought is a new trial or appeal and not immediate release from custody, habeas corpus is an improper remedy (People ex rel. Douglas v Vincent, 50 N.Y.2d 901). Here the only claim in the petition that could result in release is that because relator suffers from epilepsy imprisonment constitutes cruel and unusual punishment. There being no allegation that the prison officials have been deliberately indifferent to relators medical needs, however, the writ was properly dismissed (Estelle v Gamble, 429 U.S. 97).