PEOPLE v. MARTINEZ

Ordered that the resentence is affirmed.

The defendant's contention that the resentence imposed improperly penalized him for exercising his right to a trial is unpreserved for appellate review, since he did not set forth the issue on the record at the time of resentencing ( see People v Hargroves, 27 AD3d 765, 765-766). In any event, the contention is without merit ( id.; see People v Durkin, 132 AD2d 668; see also People v Martinez, 289 AD2d 259, 259-260; People v Bellilli, 270 AD2d 355). The resentence imposed was not otherwise excessive ( see People v Suitte, 90 AD2d 80).