Opinion
2002-00408
Submitted October 9, 2003.
November 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered November 28, 2001, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Linda Breen, and Helen M. Polyzos of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court providently exercised its discretion in making its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371; People v. Mitchell, 298 A.D.2d 602; People v. Hegdal, 266 A.D.2d 472, 473; People v. Wilder, 253 A.D.2d 472).
The defendant's constitutional challenge to his adjudication 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, 335, cert denied 534 U.S. 899; People v. Messer, 305 A.D.2d 260, 261, lv denied 100 N.Y.2d 584; People v. Lebron, 293 A.D.2d 689, 690; People v. Rice, 285 A.D.2d 617).
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.