PEOPLE BEST v. VAUGHN (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, ex rel. Hillary BEST, Relator-Appellant, v. Sheila VAUGHN, etc., et al., Respondents-Respondents.

Decided: May 13, 1997

Before ELLERIN, J.P., and WALLACH, RUBIN and MAZZARELLI, JJ.

Andrew Citron, for relator-appellant. Valerie Singleton, for respondents-respondents.

Judgment, Supreme Court, Bronx County (Steven Barrett, J.), entered on or about March 9, 1995, which denied the petition for a writ of habeas corpus, unanimously affirmed, without costs.

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, 511 N.Y.S.2d 897, lv denied 70 N.Y.2d 642, 518 N.Y.S.2d 1034, 512 N.E.2d 560). 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, 640 N.Y.S.2d 820, lv denied 88 N.Y.2d 807, 647 N.Y.S.2d 165, 670 N.E.2d 449).

We have considered appellant's remaining contentions and find them to be without merit.

MEMORANDUM DECISION.

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