Opinion
September 29, 1995
Appeal from the Supreme Court, Erie County, Forma, J.
Present — Green, J.P., Fallon, Doerr and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of Supreme Court entered October 20, 1994, resentencing him following a violation of probation to one year in the Erie County Correctional Facility. Defendant argues that he was improperly denied a restitution hearing before he was sentenced to a term of probation. The record on appeal contains a notice of appeal from only the judgment of October 20, 1994; nothing in the record indicates that defendant filed a notice of appeal from the original judgment of conviction. Under those circumstances, this Court may review only the propriety of the judgment resentencing defendant and cannot review defendant's present challenge to the original judgment of conviction (see, CPL 450.30; People v Dabbs, 178 A.D.2d 848, lv denied 79 N.Y.2d 946; People v Lugo, 176 A.D.2d 177, 178).