OPINION OF THE COURT

Order reversed, without costs, and the petition dismissed upon the ground that the remedy of habeas corpus is not available since relator will not be entitled to immediate release, in view of counsel’s advice that relator is now incarcerated as the result of a new charge (People ex rel. Lane v *780Vincent, 32 NY2d 940; People ex rel. Fitzgerald v Casscles, 28 NY2d 866).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.