Opinion
February 27, 1992
Appeal from the Supreme Court, Bronx County (Robert G. Seewald, J.).
Contrary to defendant's claim, the resentencing court duly considered all available and relevant sentencing information, including the facts of the instant case, an updated probation report, defendant's prior criminal history, and comments of the prosecutor, defense counsel and defendant (People v. Farrar, 52 N.Y.2d 302). In these circumstances, we perceive no abuse of discretion by the sentencing court in resentencing defendant (see, People v. Junco, 43 A.D.2d 266, affd 35 N.Y.2d 419, cert denied 421 U.S. 951).
Defendant's failure to provide any record to substantiate his claims, raised for the first time on appeal, that neither he nor his attorney was afforded a sufficient opportunity to review the updated probation report, that review of a victim impact statement was required, and that the resentencing court utilized improper sentencing considerations, precludes appellate review of those claims (see, People v. Olivo, 52 N.Y.2d 309, 320).
Concur — Milonas, J.P., Kupferman, Ross and Smith, JJ.