Opinion
235
February 14, 2002.
Judgment, Supreme Court, New York County (Laura Drager, J. at plea; John Cataldo, J. at sentence), rendered January 12, 1999, convicting defendant of attempted robbery in the first degree, and sentencing him, as a persistent felony offender, to a term of 16 years to life, unanimously affirmed.
ANNICA H. JIN, for respondent.
ELIZABETH SACK FELBER, for defendant-appellant.
Before: Sullivan, J.P., Rosenberger, Rubin, Friedman, Marlow, JJ.
Defendant's constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v. Rosen, 96 N.Y.2d 329, cert denied U.S. 122 S.Ct. 224).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.