Opinion
March 20, 1995
Appeal from the County Court, Westchester County (Scarpino, J.).
Ordered that the amended judgment is affirmed.
The defendant's contention that the term of imprisonment that was imposed upon his resentencing violated due process because, inter alia, it exceeds the maximum sentence the court had originally indicated it might impose is unpreserved for appellate review (see, CPL 470.05), and we decline to review it in the exercise of our interest of justice jurisdiction. In addition, the defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's contention that he was deprived of the effective assistance of counsel is unsupported by the record. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.