Opinion
May 13, 1997
Appeal from Supreme Court, Bronx County (Steven Barrett, J.).
The petition was properly denied where petitioner sought to challenge as vindictive an underlying resentence, which was based on new facts, that had been affirmed in 1987 ( People v Best, 127 A.D.2d 671, lv denied 70 N.Y.2d 642). Such challenge may not be redressed through habeas corpus but must instead be addressed either on direct appeal or via a motion pursuant to CPL article 440 ( People ex rel. Sims v. Senkowski, 226 A.D.2d 800, lv denied 88 N.Y.2d 807).
We have considered appellant's remaining contentions and find them to be without merit.
Concur — Ellerin, J.P., Wallach, Rubin and Mazzarelli, JJ.