report Under New York law, “[t]he applicable standard of fairness at sentencing hearings is whether the defendant had an opportunity to refute the aggravating factors which might have negatively influenced the court[.]” People v. Massmann, 13 A.D.3d 808, 785 N.Y.S.2d 726, 727 (3d Dep’t 2004) (quotation and citations omitted); People v. Perry, 36 N.Y.2d 114, 365 N.Y.S.2d 518, 324 N.E.2d 878 (N.Y.1975) (“[NJeither the Supreme Court nor this court has ever held, nor do we now believe, that the full panoply of constitutional rights should be applied to the sentencing process[.]”) (citing Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949), aff'g People v. Williams, 298 N.Y. 803, 83 N.E.2d 698 (1949)); see also United States v. Lee, 818 F.2d 1052, 1056 (2d Cir.1987) (<HOLDING>). It was thus within the discretion of the
holding that when a petitioner seeks an evidentiary hearing in state court to develop the factual basis of a claim but the state court denies such a hearing entitlement to a federal court hearing is analyzed pursuant to preaedpa law rather than the standards set out in  2254e2 holding that a court is not under a duty to conduct a fullblown evidentiary hearing in each instance where information in a presentence report is challenged at federal sentencing nor does the convicted defendant have an absolute right to demand that kind of hearing holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report holding that sentencing court may not adopt facts from codefendants presentence report that was not disclosed to defendant holding that the supreme court does not require an evidentiary hearing in every case